HEMANT GUPTA, J. - (1.) THE challenge in the present revision petition is to the order of ejectment passed by the learned Appellate Authority on the ground of non-payment of rent as well as for the reason that the building has become unfit and unsafe for human habitation.
(2.) THE respondent (hereinafter to be referred as 'the landlord') sought ejectment of the petitioner (hereinafter to be referred as 'the tenant') on the ground that the tenant is in arrears of rent w.e.f. 1.3.1979 to 31.3.1983 at the rate of Rs. 80/- per month and that the premises in dispute are quite old and in dangerous and dilapidated condition and has become unfit and unsafe for human habitation. The tenant asserted that the rate of rent is Rs. 40/- per month and he has already paid the rent for the period claimed by the landlord. He also denied that the building has become unfit an unsafe for human habitation. On the application filed by the landlord for appointment of the Local Commissioner, the learned Rent Controller appointed Shri Sumer Chand, Overseer Jagadhari, Yamuna Nagar, as Local Commissioner to visit the spot and to submit his report regarding the condition of the building, floor and the walls. The report of the said Local Commissioner is tendered into evidence as Exhibit PX along with site plan Exhibit PY attached thereto. The landlord also examined himself as AW-1. To rebut such evidence, the tenant appeared as his own witness and also produced RW-2 Shri S.P. Gupta, an expert, to prove the nature of the building.
(3.) THE learned Rent Controller dismissed the ejectment petition holding that the rate of rent is Rs. 40/- per month and that the tender made by the tenant is valid. However, in respect of the ground of eviction that the building has become unfit and unsafe for human habitation, the learned Rent Controller found that there are two contradictory reports. Report Exhibit PX is somewhat detailed report in comparison to the report Exhibit RW-2/A but the evidence produced by the landlord is lacking relevant basic facts of the condition of the building, and thus, the landlord has failed to prove that the building has become unfit and unsafe for human habitation.;