AVTAR SINGH Vs. JASWANT SINGH

JUDGEMENT

(1.) THE records of this case were misplaced in the High Court office and they are not traceable as yet. Since it was an urgent matter, the landlord reconstituted the records and filed the copies thereof in this Court and gave to the counsel opposite as well.

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

(3.) THE learned counsel for the petitioner submitted that as regards the first floor, it had already fallen when the demised premises consisting of the ground floor, were rented out to the tenant in the year 1965. Thus, argued the learned counsel, simply because the first floor was found to have fallen it was no ground to hold that the entire building had become unsafe and unfit for human habitation. According to the learned counsel, there was no cogent evidence to prove that the demised premises consisting of the ground floor had become unsafe and unfit for human habitation as to evict the tenant therefrom. In support of the contention the learned counsel relied upon Rakha v. Shadi Singh, 1981(1) RCR 106 and Meja Singh v. Karnam Singh, 1981 Punjab Law Reporter 386: 1981(2) RCR 469.