HARNAM SINGH Vs. KRISHAN KHARMA

JUDGEMENT

(1.) EJECTMENT of the petitioner has been ordered from the shop in dispute on the ground that the building in dispute has become unfit and unsafe for human habitation.

(2.) SHOP is possession of the petitioner is an integrated part of a building which is constructed in an area of less than 200 Sq. yards. There are three shops on the ground floor and two rooms behind the said shops. Four rooms are on the first floor of the building. Both the Authorities below on the basis of evidence on record, including that of building expert, have found that substantial and integrated part of the building has already fallen down and the rest is likely to fall at any time. It has come in evidence that two rooms on first floor and a room on the ground floor have already fallen down. It has further come in evidence of building expert that the building has several cracks and several leakage points. The battons of the roof have been eaten up by white ants causing loss of strength and leakage through the roofing. Building expert has also found that through these cracks, water was leaking, causing further damage to the structure. The batton of back-room on ground floor are bending downwards and can fall at any time. Report of the building expert produced by the petitioner was not believed by the Authorities below as the Authorities found that he had not given his report in regard to the shop of the petitioner. However, in his cross-examination, he admitted that there are some holes on the back-portion of the building and there are big holes which have resulted in fall of 2/3 rooms. He admitted that the stair-case was in a bad condition. The appellate Authority also took into consideration the notice issue to one of the landlords for demolition of part of the building which was lying in dangerous condition. Notice served by the Municipal Corporation has revealed that side and back walls of the first floor are in dangerous condition. Joint between ceiling and wall is full of cracks and the wall of the stairs-case is in dangerous condition. The appellate Authority thus found that there is massive evidence on the file to show that the building as a whole is in a dilapidated condition and three rooms have fallen down. As the file of the Rent Controller has summoned at the motion stage, I have gone through the report of the building expert relied upon by the Authorities below and also the photographs which have been exhibited and placed on the file and find that the finding recorded by the Authorities is not to be interfered with.

(3.) CONSEQUENTLY , this revision petition is to be dismissed. It is so ordered. However, petitioner is allowed three months' time to vacate the premises provided he deposits the entire arrears of rent, including that of three months, within one month from today and continues to deposit the future rent by the 10th of each month.