VINOD K.SHARMA,J. - (1.) FOR the reasons stated in the application civil misc. is allowed and the Civil Revision is restored to its original number.
(2.) THE petitioner landlord has challenged the orders passed by the learned Rent Controller as well as learned Appellate Authority dismissing the application moved by the petitioner under section 13 of the Fast Punjab Urban Rent Restriction Act, 1949 (for short the Act). Petitioner landlord filed a petition for eviction of the respondent who is tenant under him at a monthly rent of Rs. 40/- per month in terms of the Rent Note executed on 6.5.1969. The petitioner sought eviction of the tenant on the ground that he failed to pay the arrears of rent from 1.8.1986 onwards till the date of filing of the petition. The petitioner also claimed that the respondent has materially impaired the value and utility of the demised premises as changes and alterations have been made in the demised premises. It was alleged that the respondent amalgamated the demised varandah in front of the demised room into the room and had fitted iron shutter and closed the stairs which were on the northern side of the demised premises.
(3.) THE plea that the building was unfit and unsafe for human habitation was also raised on the plea that the building was more than 100 years old and made of Nanakshahi bricks. It was claimed that there were cracks in the wall and roof of the demised room was staging. It was also the case of the petitioner that he was to retire from Army Service on 31.3.1989 and was a practising Advocate before the joining the Army.;