DARSHAN SINGH AND ORS. Vs. RAM CHAND

JUDGEMENT

(1.) The challenge in the present revision petition is to the order passed by the learned Appellate Authority dated 6.1.1992 whereby the appeal against the order of eviction passed by the learned Rent Controller dated 4.11.1988, was accepted and the eviction petition filed by the petitioner on the ground that the premises in dispute has become unsafe and unfit for human habitation was dismissed.

(2.) The respondent is tenant of an Ahata measuring about 20' x 20' in the north western portion of the building. The tenanted premises comprises of a room, kitchen and stair case. The remaining portion is being used as Courtyard.

(3.) The respondent was inducted as tenant in the premises in dispute at a monthly rent of Rs. 5/ -in the year 1964. The petitioner sought ejectment of the respondent on the ground of non payment of arrears of rent and for the reason that the premises has become unfit and unsafe for human habitation. It was pointed out that the demised premises was constructed with inferior quality material when the Mandi of Barnala was constructed and whole of this property has become deteriorated. The woodwork in the roof is affected by white ants. The walls have developed many through and through cracks. Portion of one of the walls to the extent of one half has fallen and loose bricks are only standing on that portion; walls are affected by Rehi; walls are out of plumb and there is apprehension of the walls falling down any moment. The tenant -respondent denied all the assertions made by the petitioner and asserted that there is no defect in the wood used in the roof or in the walls and there is no Rehi and crack in the walls nor they are out of plumb, nor there is any danger of the walls falling down. According to the tenant, the whole building is of pacca bricks and is in good condition and is perfectly fit for human habitation.