BAHADUR CHAND Vs. PRITAM SAIN JAIN

JUDGEMENT

(1.) THE petitioner-tenant has filed the instant revision petition against the orders passed by the learned Rent Controller as the Appellate Authority, Rohtak vide which he has been ordered to be ejected from the demised premises on the ground that the same is in dilapidated condition and has become unfit and unsafe for human habitation.

(2.) THE demised premises is a shop situated at Partap Takies, Rohtak. The said premises is under the tenancy of the petitioner on a monthly rent of Rs. 27.50. On 25.7.1985, the respondent-landlord filed the ejectment application under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (hereinafter referred to as 'the Act') against the petitioner on the ground that the demised premises has become unfit and unsafe for human habitation, therefore, the tenant is liable to be ejected on this ground. It was alleged in the ejectment application that the wooden batons of the shop in question have been eaten by moth and white ants and the entire roof which is supported by wooden plank, is in dilapidated condition. The shop in question is old and the water leaks in the batons during rains and has caused extensive damage to the walls. It was also alleged that the respondent-landlord has fixed cross batons for supporting the roof which can collapse at any moment.

(3.) THE learned Rent Controller after taking into consideration the evidence led by both the parties came to the conclusion that the demised premises has become unfit and unsafe for human habitation as the roof of the demised premises has been extensively damaged. Cracks in the walls have occurred in the shop in question and the level of the floor is extremely low.