H.S.BEDI,J - (1.) THE present petition is at the instance of the tenant whose ejectment has been ordered by the Appellate Authority, while reversing the order of the Rent Controller.
(2.) THE facts of the case are as under :- "The petitioner M/s. Ganga Sahai Chanan Ram was inducted into the shop in question as a tenant on a monthly rent of Rs. 27.50. As the rent was not being paid to the landlord-respondent, an application for eviction was filed on 6th of December, 1978 before the Rent Controller, Faridkot on various grounds, firstly that with effect from 17th October, 1975 up to the date of filing of the application, the tenant was in arrears of rent, and secondly that the shop in question was in a dilapidated condition and had become unfit and unsafe for human habitation. On the first date of hearing, the petitioner-tenant tendered the rent and costs and the first ground of ejectment, therefore, became redundant. On a consideration of pleadings of the parties, the Rent Controller framed the following issues :- 1. Whether the demised premises are unfit and unsafe for human habitation ? O.P.A. 2. Whether the respondent has committed such acts which have impaired the value and utility of the demised premises materially ? OPA 3. Relief.
(3.) THE Rent Controller found that both the issues were not proved and, therefore, dismissed the application. Aggrieved thereby, the landlord filed an appeal, which as already indicated above, has been allowed. The appellate authority found that the evidence of Shri Kanwarjit Singh Brar (PW 6) XEN, P.W.D. (B&R), who was an expert witness produced by the landlord was liable to be believed in preference to the expert evidence tendered by the petitioner in the shape of Sh. S.S. Jawanda (RW-1). The appellate authority was, however, primarily influenced by the fact that the photographs produced and duly exhibited before the Rent Controller clearly did indicate that the building was in a dilapidated condition and unfit and unsafe for human habitation. The appeal was, accordingly, allowed and the ejectment of the tenant ordered. Hence, this petition.;