D. Falshaw, J. - (1.) THIS is a revision petition filed by a tenant against the order of the Appellate Authority for his eviction in the appeal of the landlord whose petition had been dismissed by the Rent Controller.
(2.) THE premises consist of a courtyard let for the purpose of running a factory. In it there are two buildings still in use, one a small office building and the other a shed in which some power -looms are installed and there are also two sheds which are in such a state of dilapidation as to be of no use for anything. The landlord sought eviction of the tenant on the grounds contained in Section 13(3)(a)(iii) of the East Punjab Urban Bent Restriction Act which reads that in the case of any building or rented land, if he requires it to carry out any building work at the instance of the Government or local authority or any Improvement Trust under some improvement or development scheme or if it has become unsafe or unfit for human habitation.
(3.) THE learned Rent Controller found that although part of the premises could be said to be unfit for human habitation the major portion, which the tenant was actually using for his business, was not so and that therefore he could not be ejected on this ground. The learned Appellate Authority, however, held that the landlord's case was established and accordingly ordered the eviction of the tenant.;