DES RAJ JAIN Vs. BACHNA RAM

JUDGEMENT

(1.) THIS order will dispose of Civil Revision Nos. 3348 to 3354 of 1985, filed by Des Raj Jain landlord against his tenants, as the judgment is common in all these cases.

(2.) THE landlord, Des Raj Jain, sought the ejectment of his seven tenants by filing separate applications under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as the Act), inter alia on the ground that the shops in dispute in occupation of the tenants have become unfit and unsafe for human habitation. According to the landlord, the roofs of the building, including that the demised shops are made of wooden rafters and wooden planks which have been damaged by white ants. Some of the rafters have actually fallen down. There are so many depressions on the roofs of the building. The first floor of the building in question is in a dilapidated condition and the same has been kept vacant for more than twelve years because of its dilapidated condition and the same has been kept vacant for more than twelve years because of its dilapidated condition. The building as a whole including the demised shops is in a dilapidated condition and may fall at any time. Thus, the building is not safe and fit for human habitation.

(3.) IN the replications filed by the landlord he claimed that the demised shops formed an integral part of the building and the building cannot be constructed unless and until the demised shops are demolished.