- (1.) This is tenants revision petition challenging the judgments dated 11.09.2007 and 04.04.2011 passed by Rent Controller and Appellate Authority, Ludhiana, respectively, whereby the eviction petition filed by the respondent-landlord has been allowed and the petitioners have been ordered to be evicted from the premises in dispute on the ground that the demised premises have become unfit and unsafe for human habitation.
(2.) The respondent filed a petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 on 14.06.2000 seeking eviction of Sh. Surinder Mohan Sharma, predecessor-in-interest of the petitioners from the demised premises forming part of property No. 385 and 385/1 situated in Kaushal Building Chauri Sarak, Ludhiana, on the ground of nonpayment of rent and that the demised premises have become unfit and unsafe for human habitation. The relevant pleadings of the respondent-landlord read thus : 1. That the petitioners had failed to pay or tender the arrears of rent w.e.f.01.02.1999 @ Rs. 300/- per month along with House Tax @ 15% despite repeated requests and demands. 2. That the demised premises have become unfit and unsafe for human habitation. The Eastern wall of the demised premises along with Northern and Southern walls are made of earth bricks. The Eastern wall has gone out of plumb. The respondent has illegally constructed a parda wall of 4" breadth up to the height of 4/5' to prevent it from collapse. The roof has been laid with iron girders with wooden phatas/planks which have been eaten by white ants and have given away. The mortar has lost its grip. The demised premises can fall down at any moment leading to loss of life and damage to the property.
(3.) Upon notice, petitioner appeared and filed written statement raising various preliminary objections. On merits, relationship of landlord was admitted. Rate of rent was disputed. Liability to pay house tax was also disputed. It was denied that the demised premises had become unfit and unsafe for human habitation. On the pleadings of the parties, the following issues were framed : 1. Whether the respondent is in arrears of rent and House tax since 01.02.1999 and is liable to be evicted from the demised premises?OPP 2. Whether the demised premises have gone unfit and unsafe for human habitation? OPP 3. Relief.;