BHUPINDER SINGH Vs. MURARI LAL

JUDGEMENT

(1.) BHUPINDER Singh landlord (hereinafter referred as the landlord) filed a petition Under Section 13 of the East Punjab Urban Rent Restriction Act, 1949, (hereinafter referred to as the Act) for ejectment of Murari Lai tenant (hereinafter referred to as the tenant) on the ground that the shop in dispute situate at Court Road, Bhatinda is in dilapidated condition and had become unsafe and unfit for human habitation.

(2.) TENANT contested the petition. Tenant also filed an application Under Section 12 of the Act for carrying out certain repairs which was dismissed by the Rent Controller. Ejectment petition Under Section 13 of the Act was allowed and it was held that the demised premises had become unsafe and unfit for human habitation. Tenant was ordered to be ejected. Against the judgment of the Rent Controller which was disposed of by a common order, tenant filed two separate appeals that is one against the rejecting of his application Under Section 12 of the Act for carrying out repairs and the second against the order of ejectment passed Under Section 13. His appeal under Sectionl2 of the Act was dismissed. Findings recorded by the Rent Controller in the ejectment petition Under Section 13 of the Act were reversed. It was held that the building was fit for human habitation. Ejectment petition was dismissed against which landlord has filed this revision petition.

(3.) LOCAL Commissioner inspected the demised premises on 4. 5. 1996 after informing the counsel for the parties about the date and time of his visit to the site so that they could inform their respective parties to be present at the side at the time of inspection. Inspection was carried by the Local Commissioner in the presence of the parties. Photographs of the demised premises were also taken in their presence. Local Commissioner has submitted his report which is taken on record and marked as 'x' along with 15 photographs marked as Al to A15. Corresponding negatives of these photographs have also been taken on record. Landlord had signed the report whereas as reported by the Local Commissioner tenant refused to sign the same. I have perused the report and seen the photographs. Local Commissioner has reported that wooden planks which are fixed on the iron girders are bent in the middle and there is also space in between the wooden planks. Particles of sand and debris were falling at regular intervals through the space in between the wooden planks during inspection. Wooden planks which were there on the roof were broken and the same were in a shamble/deteriorating condition. Gaps were also visible through the wooden planks. Upper front side of the roof had fallen down and the debar's was lying on the wooden planks which were fixed on the iron girders. There is a big hole in the front portion of the shop. Photograph marked A-13 has been taken from the roof which shows that there is a big hole of about two feet vide from where inside of the shop can be seen. From the perusal of the report and the photographs which have been taken on the record I am satisfied that the building has become totally unsafe and unfit for human habitation.