HIRDEY RAM Vs. JAI BHAGWAN

JUDGEMENT

(1.) THE challenge in the present revision petition is to the order of ejectment passed by the learned Appellate Authority on the ground of non-payment of rent as well as for the reason that the building has become unfit and unsafe for human habitation.

(2.) THE respondent (hereinafter to be referred as 'the landlord') sought ejectment of the petitioner (hereinafter to be referred as 'the tenant') on the ground that the tenant is in arrears of rent w.e.f. 1.3.1979 to 31.3.1983 at the rate of Rs. 80/- per month and that the premises in dispute are quite old and in dangerous and dilapidated condition and has become unfit and unsafe for human habitation. The tenant asserted that the rate of rent is Rs. 40/- per month and he has already paid the rent for the period claimed by the landlord. He also denied that the building has become unfit an unsafe for human habitation.

(3.) THE learned Rent Controller dismissed the ejectment petition holding that the rate of rent is Rs. 40/- per month and that the tender made by the tenant is valid. However, in respect of the ground of eviction that the building has become unfit and unsafe for human habitation, the learned Rent Controller found that there are two contradictory reports. Report Exhibit PX is somewhat detailed report in comparison to the report Exhibit RW-2/A but the evidence produced by the landlord is lacking relevant basic facts of the condition of the building, and thus, the landlord has failed to prove that the building has become unfit and unsafe for human habitation.