GEETA DEVI Vs. SUSHILA

JUDGEMENT

(1.) The petitioners-tenants lay challenge to the order dated 14.2.2008 passed by the Appellate Authority, Bhiwani, accepting the appeal filed by the landlady, reversing the order passed by the Rent Controller, Charkhi Dadri dated 30.7.2004 and ordering their ejectment.

(2.) THE respondent-landlady filed a petition for ejectment of Krishan Patwari, the tenant, who has since passed away and is now represented by the petitioners on the grounds of non payment of rent and that the demised premises had become unfit and unsafe for human habitation as the walls had developed cracks and water was leaking from the roof.

(3.) THE issue with respect to non payment of rent was decided in favour of the tenants, as arrears of rent were tendered. On the issue, whether the tenanted premises were unsafe and unfit for human habitation, the learned Rent Controller held that the landlady had failed to establish the extent and nature of the damage and merely because the tenanted premises remained under water for a month or had developed cracks, it could not be held that they had become unsafe and unfit for human habitation. The ejectment petition was, therefore, dismissed.