RAM PARSHAD Vs. SHANTI DEVI

JUDGEMENT

(1.) THE matter here concerns the ejectment of the tenant from a building described as Behlkhana (cattle shed) on the ground that it is unsafe and unfit for human habitation. The premises in question consists of a couple of rooms on the ground floor, courtyard, stair-case and some accommodation also on the first floor.

(2.) IN seeking to assail the impugned order of the Appellate Authority holding that the demised premises were unsafe and unfit for human habitation counsel for the tenant adverted, in the first instance, to the Rent Controller having declined the tenant's prayer for appointment of a Local Commissioner to inspect and report with regard to the condition of the demised premises. It deserves mention at the very outset that no such point or objection was put forth on behalf of the tenant before the Appellate Authority. Be that as it may, reference to the record shows that after the amendment was allowed to the landlady to plead the building being unsafe and unfit for human habitation as another ground for ejectment, a specific issue on this point was framed and both the parties were thereafter afforded an opportunity to adduce evidence. The tenant, after examining three witnesses concluded his evidence on February 20, 1985 and it was about 10 days thereafter on March 1, 1985 that an application was made by the tenant for the appointment of a Local Commissioner. No exception can be taken to the order of the Rent Controller declining this application for the reasons set forth by it namely, that the tenant had already been afforded ample opportunity to adduce evidence and the application was belated and was designed to further delay the proceedings in the matter.

(3.) THIS petition is accordingly hereby dismissed with costs. Counsel's fee Rs. 300/-. Petition dismissed.