NAUNIHAL SINGH Vs. AMARJIT SINGH

JUDGEMENT

(1.) THIS revision petition is directed by the petitioner- tenant against the order dated 12.9.2007 passed by the Appellate Authority, Amritsar whereby the appeal preferred by the respondent-landlords against the judgment dated 30.7.2002 of the Rent Controller, Tarn Taran, has been allowed and while accepting the ejectment petition filed under Section 13 of the East Punjab Urban Rent Restriction Act, 1949, the petitioner-tenant has been ordered to be evicted from the demised premises.

(2.) THE premises in dispute is a double storey house located in Tarn Taran. The petitioner was inducted as a tenant in the said house in the year 1981. The respondent-landlords sought the petitioner's eviction on the grounds that :-

(3.) COUNSEL for the petitioner urges that the respondent-landlords has not approached the court with clean hands and falsely demanded rent @ Rs. 500/-, which has been found to be Rs. 150/- per month only. He argues that the respondent-landlords have been claiming arrears of rent even for the period for which the petitioners had already tendered the same before the Rent Controller and, thus, their conduct disentitles them to seek ejectment. As regards the second ground for eviction, namely, that the building has become unfit and unsafe for human habitation, learned counsel contends that the finding of the Appellate Authority is primarily based upon the report of the building expert who had an inclination to submit the report in favour of the party hiring his services. Learned counsel urges that such a report cannot be relied upon to order ejectment.