BHAGWAN DASS Vs. RAMJI DASS (DIED) AND OTHERS

JUDGEMENT

(1.) THIS order will also dispose of Civil Revision Petitions Nos 1296 and 1297 of 1979, as the question involved is common in all these cases.

(2.) THE landlord Bhagwan Dass sought the ejectment of his three tenants viz., Ramji Dass (since deceased): Bhajan Singh and M/s Rameshwar Dass Rulia Ram from the shops, in dispute, occupied by them individually, inter alia on the ground that the building had become unsafe and unfit for human habitation. The learned Rent Controller himself inspected the site on October 19, 1978, and recorded his inspection note. According to the said inspection note, the shops, in dispute, had not become unsafe and unfit for human habitation and were intact. Accordingly, all the three ejectment applications were dismissed. In appeal, the learned Appellate Authority affirmed the said finding of the Rent Controller and, thus, maintained the order dismissing the ejectment applications. Dissatisfied with the same, the landlord has filed these three revision petitions in this Court. Even if the inspection note recorded by the learned Rent Controller be accepted, even then, the tenants are liable to be ejected from the demised premises because it has been found as a fact by the Appellate Authority itself that,

(3.) CONSEQUENTLY , all the three revision petitions succeed and are allowed. The impugned orders passed by the authorities below are set aside and the eviction orders are passed against the tenants. However, they are allowed three months time to vacate the respective premises; provided all the arrears of rent, if any, are paid within one month from today along with an undertaking, in writing, that after the expiry of the said period of three months, the premises would be vacated and the vacant possession thereof would be handed over to the landlord and the future rent will be paid regularly monthly, in advance, by the tenth of every month.