MUNNA LAL Vs. GANGA DEVI

JUDGEMENT

(1.) The present revision petition has been filed by Munna Lal (hereinafter described as "the petitioner") directed against the judgment of the learned Appellate Authority, Amabala, dated 19.1.1999. By virtue of the impugned judgment, the learned Appellate Authority had set aside the order passed by the learned Rent Controller, Ambala Cantt. and instead passed an order of eviction against the petitioner giving him three months time to vacate the demised premises.

(2.) The relevant facts are that the respondent had filed a petition for eviction against the petitioner with respect to the property in dispute. It was asserted that the rent was Rs. 10/- per month. The petitioner had failed to pay the arrears of rent frond 1.10.19888 to 28.2.1989 besides house tax. It was further asserted that the premises in question is more than 100 years old and it was made of Katcha-pucca bricks. It has outlived its utility. The building comprises of six houses of which five houses have already fallen. The entire building can be reconstructed at a stretch. Even the suit property has become unfit and unsafe for human habitation.

(3.) The petitioner contested the eviction application. There was no dispute raised regarding the relationship of landlord and tenant. It was pointed out that the rent has already been tendered on the first date of hearing. So far as the suit premises were concerned, the plea raised was that it was a separate unit and has nothing to do with the other houses which had fallen. Even the other houses were stated to have fallen because of the negligence of the trustees. It was urged that, in fact, the trustees wanted in increase the rent. The suit property is not unsafe and unfit for human habitation.