Smt. Ram Piari and Another vs Shri Som Nath and Another

S.S. Sodhi, J.—The impugned order of the appellate authority up holding the ejectment of the tenant on the ground of the demised premises being unsafe and unfit for human habitation, warrants no interference in revision.

The demised premises consist of a shop with stairs leading from it to the roof of the shop. There are two flights of stairs with a small landing opening on to the roof of the building through a mumti. his is the roof of this mumti which really provides the roof over the shop. It contains a door opening on to the roof of the other part of the building with which this petition is aot concerned.

Admittedly, the roof of the, mumti required repairs. In 1978, proceedings u/s 12 of the East Punjab Urban Rent Restriction Act were initiated by the tenant for permission to effect repairs to this roof. These proceedings eventually culminated in March 1983 in the tenant being permitted to repair the roof of the mumti. It is pertinent to note that the prayer of the tenant was that two ballas of the roof may be allowed to be repaired According to the report of the Local Commissioner, appointed by the rent controller, however, the roof bad 29 bottons out of which 15 were new and unpolished while the others were old Four of these old buttons had cracks and had got worn by age. The roof also had two girders which were rusty. In other words, whereas the tenant had asked to replace two buttons, in fact IS had been replaced.

Further, the report of the Local Commissioner shows that the wails of the mumti are only 4-1/2 inches thick and there is only mud plaster between the bricks. The walls were neither cement plastered nor was there any cement painting. The walls of the mumti had in fact gone out of the plumb, due to rains.

A similar report had been given by the expert Mr. G. S. Counsel, examined by the landlord.

Next, we have on record the report of the Local Commissioner appointed by this Court. Is this report too, it has clearly been stated that out of 29 bottons, 15 could be identified as new, while the remaining 14 were old. The walls of the mumti had cracks, which were visible as it was not plastered. The door, which led on to the roof was also in a dilapidated condition. The wooden frame had left its origins position and was just hanging.

Besides, this, the photographs of the demised premises, placed on record, during the hearing of this petition leave no manner of doubt that the mumti is an integral part of the demised premises and its state has rendered the entire premises unsafe and unfit for human habitation, It is pertinent to note that without this mumti, the demised premises would be rendered roofless.

The impugned order of the rent controller and the appellate authority are accordingly hereby upheld and affirmed and this revision petition is thus dismissed.

On the specific; undertaking of the petitioner tenant-Gurdial Kholia that the would vacate the demised premises and hand over vacant possession to the landlady, the tenants are given time till or before February, 28, 1991, to do so.