DAULAT RAM Vs. SADHU RAM,

JUDGEMENT

(1.) THE only ground which survives for ejectment of the tenant petitioner is that the building has become unfit and unsafe for human habitation. The charter of claim put forth by the landlord-respondent in his petition for ejectment is that the shop in dispute was leased out to the petitioner-tenant 30 years ago and the roof of the said shop is made of beams, buttons, and Sirki. The last Khan of the demised shop is in a very deteriorated condition and can fall at any time. The tenant has given a support to the roof of the back Khan of the demises shop and under the support, another beam which has developed a crack has been fixed. But for the said support, the back Khan of the demised shop would have fallen down. The building is more than 60 years old and has outlived its life and can fall at any time. The support under the beam has been given without the consent of the landlord.

(2.) THE claim of the landlord was refuted and the only dispute raised was that the support given to the beam of the back Khan had been provided by the landlord.

(3.) THE learned counsel for the petitioner has challenged the finding of the authorities below through this revision petition and contends that even taking the ejectment petition in its totality to be correct, it could not be inferred that the building had become unfit for human habitation. The evidence led beyond the pleadings cannot be looked into. Otherwise also if the evidence is looked in totality in the light of the pleadings, no inference can be drawn that the building has become unsafe and unfit for human habitation. It is contended that the mere fact that the building being old enough, is not sufficient to infer that it has outlived its life and has become unfit and unsafe for human habitation. It is contended that in view of the admitted fact that the roof would have fallen but for the repairs which were alleged to have been effected, the building cannot be said to be unsafe and unfit for human habitation and this fact has to be taken note of. Nothing has been said with respect to the condition of walls, the major portion of the building, floor etc. constituting the building.