JOGINDER KISHORE PURI Vs. DR. BHAGWAN DASS

JUDGEMENT

(1.) The landlord is in revision aggrieved against the order passed by the learned Appellate Authority whereby the appeal filed by the tenant against the order of eviction passed by the learned Rent Controller was accepted and the eviction petition of the landlord was dismissed. It is the case of the petitioner that the shop consisting of two rooms, as detailed in the heading of the petition, was rented out to the tenant -respondent at a monthly rent of Rs. 15/ -. The petitioner sought ejectment of the tenant on the ground that the rent of the demised premises has not been paid since 1.9.1984 and that the demised premises has become unfit and unsafe for human habitation as the building is of about 80 -85 years old and it has outlived its age. There are cracks in the walls. The premises in dispute is extremely in dilapidated condition and beyond repair. It is alleged that a major portion of the roof of the rear room has fallen down due to rains and it has completely become unsafe and unfit for human habitation. The roof of the room at first floor is also in damaged condition and leaking.

(2.) The tenant denied the allegations and asserted that the building in question is quite safe and fit for human habitation. No part of the building is cracked one or in dilapidated condition. No part of the roof has fallen. It is also alleged that there is no cracks in the walls. It was pointed out that the petitioner has threatened the respondent -tenant that he will demolish or damage the roof of the shop in dispute by force.

(3.) In order to prove the grounds of eviction, the landlord examined AW -1 -S.C.Vermani, a building expert and examined himself as AW -2 and also examined AW -3 Amrit Lal Anand and AW -4 Anil Kumar. He also produced on record the report of the Local Commissioner, Exhibit A -1 and the site plan Exhibit A -2 and the photographs Exhibit A -3 to A -7. The report of the Local Commissioner, Exhibit PX and also the site plan, Exhibit PY prepared by Sukhwinder Pal Singh, Advocate, were also produced on record. The tenant examined himself as RW -1 and has examined Joginder Singh Walia as RW -2, Surinderjit Singh RW -3, Raghubir Singh RW -4, Mann Singh, Chartered Engineer RW -5 and Harvinder Kumar RW -6.