BABU RAM Vs. WALAITI RAM

JUDGEMENT

(1.) This is landlord's revision petition in whose favour the eviction order was passed by the Rent Controller, but the same was set aside in appeal by the Appellate Authority.

(2.) The landlord Babu Ram sought the ejectment of his tenant Walaiti Ram from the house, in dispute, inter alia on the ground that the premises had become unfit and unsafe for human habitation. In the written statement filed on behalf of the tenant and his son Sarup Chand, the allegations made in the eviction petition were controverted. According to them the walls of the disputed house were of pucka bricks and the roof was built on pucka beams and that no part of it was in a dilapidated condition. The learned Rent Controller found that it was abundantly proved on the record that the premises, in dispute, were in dilapidated condition and had, thus, become unsafe and unfit for human habitation. Accordingly, the eviction order was passed against the tenant. In appeal, the learned Appellate Authority reversed the said finding of the Rent Controller and held that the finding regarding the falling of one chaubara was not sustainable while the falling of one Khana of verandah 'E' was for reasons created by the landlord during the pendency of the proceedings. Consequently, the appeal was allowed and the eviction order was set aside.

(3.) Vide this Court order dated March 12, 1987 in order to find out the condition of the demised premises as it existed then, Shri Rakesh Kumar Garg, Advocate was appointed as the Local Commissioner, to determine as to whether the premises had become unsafe and unfit for human habitation. This had become necessary in view of the conflicting evidence led by the parties in this behalf. Besides, the learned Rent Controller had found in favour of the landlord in this behalf whereas the same was reversed in appeal by the Appellate Authority.