TRILOK CHAND Vs. DROPATI DEVI

JUDGEMENT

(1.) THE only ground which has been pressed in this revision petition for the ejectment of the respondents is that the building is unfit and unsafe for human habitation.

(2.) THE Rent Controller as well as the Appellate Authority have come to the conclusion after apraising the evidence that the building is not unfit for human habitation. Consequently, the ejectment petition was rejected.

(3.) THE contention raised by the learned counsel for the petitioner has no force. The findings arrived at by the Courts below after appreciating the evidence on the record cannot be said to be improper, perverse or otherwise illegal. The authorities below had the privilege to see the demeanour of the witnesses and have taken all the facts and circumstances into consideration. Nothing has been pointed out at Bar, to show that anything has been left out of consideration. It may be mentioned that the wall which, as per the statement of AW 1 Ram Bilas is bulging outwards is 18" to 21" in width. First of all, it has not been so pleaded specifically in the ejectment petition. Even, otherwise, there is no dispute that in the site plan produced on the record by the expert in his report Exhibit A 1, the wall alleged to be bulging out is the wall adjoining the shop of Lala Ram on the northern side. Lala Ram was not examined. In ordinary course of the human conduct, it is not expected that a man will keep silent and will not take any steps for repairs when the wall of his shop is likely to fall. Solely the building being old and being built of small bricks, is no ground to assume or infer that it has outlived its life and is unsafe and unfit for human habitation. The falling of one or two phattis (small wooden planks), or there being leakage here and there is a small and insignificant incident in the ordinary wear and tear of the building which requires mending and can be repaired at small expense. Simply saying that the roof of the building is leaking at some point cannot lead to an inference that the building is unfit and unsafe for human habitation or is likely to fall. The totality of the circumstances and the condition of the building as a whole is to be kept in view.