MANGE RAM Vs. GURDIAL SINGH ALIAS GURDIAL CHAND

JUDGEMENT

(1.) THE sole question raised in this revision petition is whether the building in dispute is unfit for human habitation or not. The trial Court after appraising the evidence led by the parties and keeping in view the inspection notes came to the conclusion that since the upper portion of the building in dispute has become unfit for human habitation, the respondent is liable to be ejected therefrom.

(2.) THE appellate authority without reversing the findings with respect to the building in dispute being unfit for human habitation, came to the conclusion that since the only plea taken in the ejectment petition is that the building has become unfit for human habitation on account of construction of an oven inside the shop, so no evidence can be looked into to prove the unfitness of the building for habitation being beyond pleadings. It was observed that the landlord has set up a new case during trial. The findings of the trial Court were set aside and it was held that the petitioner has failed to prove that the building has became unfit and unsafe for human habitation.

(3.) IT was held in the above quoted judgment that if the substantial portion of a particular building has become unsafe for human habitation, the tenant can be ejected from the premises forming part thereof under Section 13(1) of the East Punjab Urban Rent Restriction Act, despite the fact that particular portion in his occupation may not be so.