DHARMINDER NATH Vs. UDHAM SINGH

JUDGEMENT

(1.) THIS revision petition arises out of an order of the Appellate Authority declining the ejectment of the respondent on the ground of the building being unfit and unsafe for human habitation.

(2.) THE petitioners sought ejectment of the respondent on the grounds, viz., (i) that the building is unfit and unsafe for human habitation; and (ii) that the respondent has not paid the arrears of rent from February 1, 1968. However, subsequently by amendment, the ejectment was sought additionally on the ground that the tenant has committed such acts whereby the value and utility of the premises in dispute has been materially diminished.

(3.) THE tenant preferred an appeal and the lower appellate Court, after appraising the evidence, came to the conclusion that the building cannot be said to be unfit and unsafe for human habitation solely on the ground that the building is 60 years old and reversed the findings of the Rent Controller, accepted the appeal and dismissed the application for ejectment.