NAUZER Vs. SURINDER NATH

JUDGEMENT

(1.) In this revision petition, at the instance of the landlords, the only question that arises for consideration is whether the authorities below were right in having declined to grant an order of eviction against the respondent, on the grounds put forward by the petitioners.

(2.) In the application for eviction, the petitioners mainly put forward two grounds, namely, (1) the premises in occupation of the respondent had become unsafe and unfit for human habitation, and (2) the premises are required bonafide for re -building, which cannot be carried out without the premises being vacated by the tenant. The claims so made were resisted by the respondent, on the grounds that the premises arc in good condition and that the requirement of the premises by the petitioners for re -building is also not bonafide.

(3.) Upon a consideration of the oral and documentary evidence, the authorities below found that the petitioners have not established their case for securing an order of eviction against the respondent on the grounds set -out by them. In the view so taken, the eviction petition was dismissed and it was also affirmed on appeal.