J.V.GUPTA, J. - (1.) THIS is tenant's petition against whom application for ejectment filed by the landlord was dismissed by the Rent Controlled, but has been allowed in appeal.
(2.) THE landlord-respondent sought ejectment of his tenant from the premises in dispute, consisting of three room, one verandah and courtyard, with a handpump installed therein. The premises in question were rented out by the original owner Bhola Singh, vide rent note dated 6.10.1964, Ex. A. 1, on a monthly rent of Rs. 25/-. The ejectment was sought inter alia on the ground that the premises had become unsafe and unfit for human-habitation as one of the rooms had fallen and two rooms were in a dilapi-dated condition and were likely to fall down at any time. The application was contested inter alia on the ground that one room was in a partly demolished condition at the time of leasing out of the premises and that the landlord had promised to get the same repaired, but, inspite of the demand by the tenant, the landlord had not repaired it. In any case, the building had not become unsafe or unfit human-habitation, but for tethering cattle. The learned Rent Controller found that the house in dispute did not require recostruction and thus, could not be held to be unfit, unsafe for human-habitation. In view of this finding, the application for ejectment was dismissed. In appeal the learned Appellate Authority reversed the said findings of the Rent Controller and came to the conclusion that there was overwhelming evidence on the record to prove that the house was unfit for human-habitation. Consequently, the order of ejectment was passed against the tenant. Dissatisfied with the same, the tenant has come up in revision in this Court.
(3.) THE learned counsel for the petitioner has contented that it was for the landlord to prove that the building has become unsafe and unfit for human-habitation after it was leased out. This, according to the learned counsel, the landlord has failed to prove that the building has become unsafe and unfit for human-habitation after it was leased out. This, according to the learned counsel to be dismissed on that ground alone. It was further contented that from the evidence on record, particularly from the evidence of the expert, produced by the parties, the learned Rent Controller rightly came to the conclusion that the building in question is not unfit and unsafe for human-habitation, but the said finding has been reversed has been reversed in appeal arbitrarily.;