TARSEM CHAND Vs. NIRANJAN LAL

JUDGEMENT

(1.) THIS is tenant's petition against whom eviction order has been passed by both the authorities below.

(2.) THE ejectment application filed on 30th October, 1976, primarily on the ground that the demised premises had become unsafe and unfit for human habitation. This allegation was denied by the tenant by way of written statement. The learned Rent Controller found that "the net result of my above discussion is that the whole building of which the demised shop forms part is in a dilapidated condition and needs immediate demolition and reconstruction which cannot be done without demolishing the shop in dispute when the two chobaras over the shop in dispute have prominent cracks and front wall of the shop in question has also bulged out, the shop itself which may otherwise be used for some time more cannot be held to be fit for human habitation." With this finding, the eviction order was passed on 5th December, 1978. In appeal, the learned Appellate Authority affirmed the said finding of the Rent Controller, and, thus maintained the order of eviction.

(3.) AFTER hearing the learned counsel for the petitioner, I do not find any merit in this petition. From the evidence on record it has been held by both the authorities below that the age of the building is proved to be 60 or 70 years on the basis of expert evidence. Thus, the dilapidated condition of the whole of the building of which the shop in dispute is a part could be taken into consideration to determine the condition of the shop in question itself. In the circumstances, the petition fails and is dismissed with costs.