SAT PAL Vs. CHARAN DASS

JUDGEMENT

(1.) THIS is a petition for revision at the instance of the tenant against whom an order for ejectment has been passed by the Appellate Authority, Patiala, on 25th of November, 1967.

(2.) SAT Pal petitioner has been a tenant of the demised premises consisting of a two -storeyed building since 5th of May, 1959. On the ground floor the petitioner has a shoe -shop whereas on the first floor he and his family are residing in the three chaubaras. The monthly rent of the premises is Rs. 55.

(3.) THOUGH there is no dispute that the shop in the ground floor was fit for human habitation, there has been controversy between the parties regarding the condition of the first storey consisting of the Chaubaras. The Rent Controller being of the opinion that the evidence adduced in the case was not sufficient to prove that the building was unfit and unsafe for human habitation declined to make an order for ejectment. This order of the Rent Controller passed on 7th of April, 1967, came up in appeal before the Appellate Authority who finding that the evidence was equally balanced appointed a Commissioner to find out by making inspection at the spot "(1) whether the premises in question are really unfit for human habitation and (2) whether the premises in question can be repaired after spending a reasonable sum in order to make it fit for human habitation". Mr. Narula Municipal Engineer, who was appointed commissioner, submitted a report as under: -