SH. BHUPINDER SINGH Vs. SHRI HARI RAM

JUDGEMENT

(1.) THE landlord is in revision aggrieved against the order passed by the learned Appellate Authority whereby the eviction petition filed by the petitioner -landlord on the ground that the demised premises is unfit and unsafe for human habitation, was dismissed in appeal.

(2.) IT is the case of the landlord that the demised premises in occupation of the tenant is unfit and unsafe for human habitation. The learned Rent Controller allowed the ejectment petition holding that the substantial part of the larger integrated building is in dilapidated condition and, therefore, the respondent is liable to be evicted even if the premises in his possession is fit for human habitation.

(3.) DURING the course of trial, the learned Rent Controller inspected the premises in terms of the order dated 3.8.1987 whereby the application filed by the petitioner -landlord for spot inspection by the Court, was allowed as the other side had no objection. The inspection report shows that three rooms in possession of the tenant marked as A, B and C are in habitable condition and no defect could be pointed out by the petitioner in the ceilings, walls and flooring of these three rooms. The Karies of all the three -rooms were found in tact. It is the rooms marked as D and E in possession of another tenant Shanti Devi, are found to be in dilapidated condition. The roof has fallen down and the room marked as F is found to be in dilapidated condition. The said description of the property is on the basis of site plan Exhibit C -1. A perusal of the site plan show that the rooms marked as A, B & C are in northern side of the building, whereas the rooms marked as D and E are on the rear side of the aforesaid rooms. Even if the roof of the rooms marked as D and E has fallen down, it does not effect the other three rooms situated on the northern side.