Tarsem Chand vs Niranjan Lal and another

J.V. Gupta, J.—This is tenant''s petition against whom eviction order has been passed by both the authorities below.

The ejectment application was filed on 30th October, 1976, primarily on the ground that the demised premises had become unsafe and unfit for human habitation. This allegation was denied by the tenant by way of written statement The learned Rent Controller found that "the ret result of my above discussion is that the whole building of which the demised shop forms part is in a dilapidated condition and needs immediate demolition and reconstruction which cannot be done without demolishing the shop in dispute when the two chobaras over the shop in dispute have prominent cracks and front wall of the shop in question has also bulged out, the shop itself which may otherwise be used for some time more cannot be held to be fit for human habitation." With this finding, the eviction order was passed on 5th December, 1978. In appeal, the learned Appellate Authority affirmed the said finding of the Rent Controller, and, thus, maintained the order of eviction.

Learned Counsel for the Petitioner submitted that since the application was filed in the year 1976, and when the shop in dispute is still in a good condition it can not be held that it has become unsafe and unfit for human habitation.

After hearing the learned Counsel for the Petitioner I do not find any merit in this petition. From the evidence on record it has been held by both the authorities below that the age of the building is proved to be 60 or 70 years on the basis of expert evidence, and that some portion of the shop is bulging outside. Thus, the dilapidated condition of the whole of the building of which the shop in dispute is a part could be taken into consideration to determine the condition of the shop in question itself. In the circumstances, the petition fails and is dismissed with costs.

However, the tenant is allowed three months time to vacate the premises provided all the arrears of rent if any, are deposited with the Rent Controller within one month with a further undertaking in writing that after the expiry of the said period vacant possession shall be handed over to the Respondent, subject to the further condition that the rent for the said period shall be paid in advance by the 10th of each month.