PARKASH WATI Vs. VISHWA NATH

JUDGEMENT

(1.) THIS is tenant's petition against whom ejectment application was dismissed by the Rent Controller, but eviction order has been passed in appeal.

(2.) THE only ground on which the ejectment is being sought is that the building has become unsafe and unfit for human habitation. Earlier vide this Court's order dated 11th November, 1983, Local Commissioner was appointed to go to the spot and submit his report. The report dated 30th November, 1983, was made by Mr. Brij Mohan Mehra, Sub-Divisional Officer, P.W.D. (Buildings and Roads), Panipat. However, objection to the said report dated 2nd November, 1984 was filed on behalf if the landlord. Meanwhile, the landlord moved another miscellaneous application for permission to produce additional evidence. It was alleged that during the pendency of the present revision petition some other portions of the disputed premises had been fallen down after the report of the earlier Local Commissioner dated 30th November, 1983. Under these circumstances, vide this Court's order dated 6th May, 1985, Sh. Gian Chand Garg, Advocate of this Court was appointed a Local Commissioner to to the spot and verify the allegations made in the said miscellaneous application and also give his independent opinion as to whether the building as a whole is unsafe and unfit for human habitation or not. He has filed his report dated 6th June, 1985, in which it has been stated that "in my opinion the position of the front wall from top to bottom alone is sufficient to hold the building unfit and unsafe for habitation." Objections dated 16th July, 1985, have been filed on behalf of helf tenant-petitioner against the said report of Shri Gian Chand Garg, Advocate.

(3.) IN this view of the matter 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 and advance rent for three months is deposited with the Rent Controller within one month with a further undertaking in writing that after the expiry of the said period vacant possession will be handed over to the landlord. Petition dismissed.