ANIL KUMAR MAKKAR Vs. SHAKUNTLA DEVI

JUDGEMENT

(1.) The present revision petition is directed against the concurrent findings of the Courts below, whereby the eviction of the tenants from the shop in question situated at Rewari was ordered on the ground that the building is unfit and unsafe for human habitation.

(2.) The petition was filed on the ground that the premises in question is more than 100 years old and several cracks are visible in the wall, floor and roof and the water leakage was present from the roof and mortar had pealed off. The demised premises was unfit and unsafe for residential purpose and in a dilapidated condition.

(3.) In response the petitioner took the plea that the shop was part and parcel of big building and there were several tenants and are still in occupation of the remaining part of the building. The fact that the rent of the shop was Rs.50.00 had been admitted and the age of the building was denied or that it may fall down any time. It had been pleaded that the petitioner had filed a civil suit against landlord as they had installed the water taps behind the disputed shop and made a 'kachi nali' and diverted the flow of water towards the disputed shop. Resultantly, the following issues were framed by the Rent Controller:-