JAWAHAR LAL Vs. MANGU RAM

JUDGEMENT

(1.) THIS revision petition is directed against the order of the authorities below whereby the ejectment application filed on behalf of the landlord has been dismissed.

(2.) THE landlord sought the ejectment of his tenant on the sole ground that the building had become unfit and unsafe for human habitation. The said application was filed in the year 1973, i.e., about 14 years back. Since both the authorities below found that the building had not become unfit and unsafe for human habitation, the landlord moved an application in this Court for appointing a Local Commissioner to find the present condition of the building. Consequently, vide this Court order dated April 23, 1987, Shri D. Khanna, an Advocate of this Court, was appointed as Local Commissioner to visit this premises, in dispute. He was directed to inform the counsel for the parties before visiting the building and to find out the present condition thereof as well as the repairs, if any, made by the tenant during the pendency of this petition or otherwise without the permission of the landlord. The Local Commissioner has submitted a detailed report dated May 8, 1987. With the said report, he has also filed certain photographs taken by him at the spot for which reference has been made in the report. It appears that the Local Commissioner has taken pains to find out the exact position of the premises as it exists at the spot.

(3.) THE learned counsel for the tenant submitted that from the report of the Local Commissioner, no case was made out that the building was unfit and unsafe for human habitation. Moreover, according to the learned counsel, no photographs have been filed by the Local Commissioner with respect to khan No. 1. Even conclusions with respect to the other khans of the shop, in dispute, are not correct.