GURCHARAN SINGH Vs. RAKESH MALIK AND OTHERS

JUDGEMENT

(1.) Present revision petition has been filed by tenant, whose eviction has been ordered by the Rent Controller. Aggrieved against the same, he filed an appeal and the appellate authority also upheld his eviction. Therefore, necessity of filing the present revision petition has arisen.

(2.) Three grounds were taken for seeking eviction of the tenant. Firstly, that the tenant is in arrears of rent and due to non-payment of rent and tender, he is liable to be evicted. Second ground taken was that by constructing the strong room and affixing shutter, the value and utility of the property has been materially impaired and the third ground, which was pleaded was that the building is unsafe and unfit for human habitation and living.

(3.) Before I proceed to detail the facts and consider the findings of the two courts below, Mr.O.P. Goel, Senior Advocate assisted by Mr.Naveen S. Panwar, on instructions from Mr.Naveen S. Panwar, has stated that even though on the arrears of rent, two courts below have adjudicated in favour of the tenant. Regarding the second ground that the construction made by the tenant by raising a strong room has materially impaired the value and utility of the property, though finding has been returned in favour of landlord, the same be dropped at this stage as he will not press this issue. On instructions from Mr.Naveen S. Panwar, he has very candidly stated that this Court should confine itself to the findings returned by the two courts below to the ground that the building has become unsafe and unfit for human habitation and living. Having restricted the realm, limited to one ground for adjudication, I confine myself to the same and notice the brief facts.