HEMANT GUPTA, J. - (1.) THE challenge in the present revision petition is to the order of ejectment passed by the Authority under Section 13 of the East Punjab Urban Rent Restriction Act, 1949.
(2.) CIVIL Revision No. 6271 of 2004 is filed by the alleged sub-tenant whereas C.R. No. 3212 of 2005 is by the person impleaded as a tenant. It is the case of the landlord that M/s. Naur Chand Surjit Kumar was inducted as a tenant vide rent note dated 21.5.1971 at the yearly rent of Rs. 2100/-. By virtue of another Rent Note dated 1.5.1975 rent was increased to Rs. 2200/- per month. Ejectment was sought inter alia on the ground that the tenant was in arrears of rent and that he has sublet a portion of the premises in dispute without the written consent of the landlord and that the premises in dispute is unfit and unsafe for human habitation as the building was constructed prior to 1905.
(3.) IT was pleaded that the walls of demised premises have developed cracks. The foundation of the premises have sagged. Roofs of demised building particularly of chobaras have mostly sagged and are leaking badly during rainy days and whole premises is likely to collapse at any time as it has outlived its life and utility. It was also pleaded that inner layer of most of the walls are bricklined with katcha bricks and with a passage of time they have lost their quality. Ejectment was also sought on the ground that the tenant has made material alterations and has materially impaired the value and utility of the premises.;