BHAGWAN DASS Vs. PREM CHAND

JUDGEMENT

(1.) THE respondent-landlord filed eviction petition against the petitioner under Section 13 of the East Punjab Urban Rent Restriction Act, 1949, for ejectment of the respondent from the shop, in dispute, on the ground of non-payment of rent and that it had become unfit and unsafe for human habitation with a specific stand that part of the roof of the shop has fallen down besides one of the walls of the single shop and that remaining part of the shop has developed cracks.

(2.) UPON notice, arrears of rent were paid but, however, they denied that the shop had become unfit and unsafe with a specific objection that the wall and roof alleged to have fallen, was, in fact, demolished by the landlord himself to create a ground for ejectment. The Rent Controller, dismissed the eviction petition. Aggrieved, the respondent-landlord preferred an appeal before the Appellate Court. The Appellate Authority, Sangrur allowed the revision petition of the landlord and held that the shop, in dispute, is in dilapidated condition and is unfit and unsafe for human habitation.

(3.) LEARNED counsel for the parties were heard at length.