RAMAN DAWAR Vs. DHARAM PAL KAPOOR

JUDGEMENT

(1.) This is a revision under Section 24 (5) of the Himachal Pradesh Urban Rent Control Act, 1987 (for short `Act'). The respondents are the landlords. They had filed eviction petition against the original tenant Varesh Dawar on the grounds that the building has become unfit and unsafe for human habitation and it also requires reconstruction. The petition was contested by the tenant. The learned Rent Controller vide order dated 22.12.2008 allowed the petition on both the grounds.

(2.) The learned Rent Controller has held that cracks have developed in the building. The age of building is about 100 years. The reports of experts were considered and thereafter learned Rent Controller has held that building has become unfit and unsafe for human habitation.

(3.) The tenant carried out the matter in appeal against order dated 22.12.2008 and learned Appellate Authority on 2.7.2009 dismissed the appeal. Thereafter, tenant had filed revision in this Court but during the pendency of the revision, original tenant died and his legal representatives were brought on record for limited purposes of deciding the petition.