ROSHAN LAL Vs. PRABH DAYAL

JUDGEMENT

(1.) This is a landlord's revision petition arising out of a proceeding for ejectment of the tenant

(2.) The petitioner is the owner of the house bearing Municipal No. 123 situated in Chowk Bazar Municipal Ward No. 5, in Solan. The accommodation consisting of a shop and residence was let out several years age by the petitioner to the respondent. On June 21, 1972 the petitioner applied to the Controller Solan, for ejectment of the respondent on a number of grounds. Among those grounds are-

(3.) The Controller decided the aforesaid two issues in favour of the petitioner and directed the ejectment of the respondent. On appeal by the respondent, the Appellate Authority, Solan, set aside the order of the Controller and reversing the findings on the two issues, he dismissed the petition for ejectment. The Appellate Authority took the view that as the petitioner had pleaded a case of repairs, additions and alterations only and not a case of reconstruction, then although an issue had been framed as if a plea of reconstruction had been taken the evidence on the record in relating to the issue could not be considered. He also held that there was no material to show that the accommodation was In a dilapidated condition, and unfit and unsafe for human habitation.