VIJAY KUMAR Vs. RISHI KUMAR AND ANOTHER

JUDGEMENT

(1.) This revision petition is preferred by the tenant against whom an eviction order dated 28.9.2006 passed by the Rent Controller, Kaithal, has been further upheld by the Appellate Authority, Kaithal, vide its order dated 11.5.2009. The Courts below have ordered for eviction of the petitioner-tenant on the ground that the tenanted premises has now become unfit and unsafe for human habitation.

(2.) Briefly stated, the facts of the case are that the petitioner was inducted as a tenant at a monthly rent of Rs. 150.00 in the demised premises comprising part of the ground floor of a big building situated at Sarafa Bagar, Kaithal. The respondent-landlords sought eviction of the petitioner, inter-alia, on the grounds that: (i) he is in arrears of rent w.e.f. 1.10.1997; (ii) the premises is in dilapidated condition and has become unfit and unsafe for human habitation; (iii) the tenant has changed the user of the premises as it was given for running the business of general store, but he is using it as a Godown. The site plan of the entire building, prepared on 27.1.1999, was appended with the eviction petition.

(3.) The petitioner-tenant contested the eviction petition and denied the allegations that the premises has become unfit and unsafe for human habitation or he has changed the user. He, however, tendered the arrears of rent at the admitted rate of Rs. 150.00 per month.