GANDHI KHADDAR BHANDAR Vs. BANWARI LAL

JUDGEMENT

(1.) THE matter here concerns of ejectment of the tenant from a shop in Abohar on the ground on non-payment of arrears of rent and also that it had become unfit and unsafe for human habitation.

(2.) THE Rent Controller dismissed the landlord's petition holding that he had not been able to establish that the shop was unfit and unsafe for human habitation and further that the tender of arrears of rent, interest and costs, on the first date of hearing was a valid tender. Both these findings were, however, reversed in appeal by the Appellate Authority, who found the tender of rent to be invalid and also that the shop was unfit and unsafe for human habitation.

(3.) THE main controversy here is with regard to the finding that the shop was unfit and unsafe for human habitation. Mr. A.N. Mittal, counsel for the tenant assailed the finding of the lower Appellate Authority on this point on the ground that the evidence led by the tenant had not been considered. As the order of the Appellate Authority appeared bear this cut, the records of the case were sent for and the parties were permitted to address full-dress arguments on this issue in the light of the evidence adduced.