SAT PARKASH Vs. OM PARKASH GOYAL

JUDGEMENT

(1.) BEING aggrieved against the order directing his ejectment by the Rent Controller as well as the Appellate Court, the tenant has filed the present revision petition.

(2.) PETITIONER , Sat Parkash, is a tenant in the shop owned by Om Parkash Goyal. The landlord filed a petition seeking his ejectment from the shop situated within the municipal limits of Sangrur, with the allegation that the shop along with Chobara built thereon had fallen to his share in the family partition and, thus, he became exclusive owner of the demised premises, which had been let out to the petitioner tenant. The monthly rent is stated to be Rs. 34.40 paise and the ejectment of the tenant was sought on the ground of arrears of rent from 1.4.1983 to 31.12.1983. In addition, it is also pleaded that the shop has become unsafe and unfit for human habitation. As per the landlord the shop is an integral part of a bigger building consisting of two chobaras and one Parchhati built thereon. There is also a projection in front of his chobara and a staircase which was built on the Southern side of the shop in dispute for having ingress to the upstairs portion. It is pleaded by the landlord that 2/3rd portion of the roof of the back side of the chobara had fallen down and the remaining roof also was likely to fall. Its wall had also fallen down and remaining portion of chobara was also stated to be in dilapidated condition. So was the condition of the walls of the compound and Parchhati on the first floor. The pleadings also show that big cracks have developed and even the batons used in roof was eaten by the white ants. In regard to the shop, it is pleaded that the Western side of the same is in a bad condition and large number of bricks had fallen from the lower portion of the wall. The wall was stated to have bulged towards outer side and there were cracks in the wall of the shop and roof had become unsafe.

(3.) HAVING regard to the plea raised by the respective parties, the Rent Controller framed the following issues :-