M.S.LIBERHAN,J - (1.) THIS revision petition arises out of an order of the Appellate Authority declining the ejectment of the respondent on the ground of the building being unfit and unsafe for human habitation.
(2.) THE petitioners sought ejectment of the respondent on the grounds, viz., (i) that the building is unfit and unsafe for human habitation; and (ii) that the respondent has not paid the arrears of rent from February 1, 1968. However, subsequently by amendment, the ejectment was sought additionally on the ground that the tenant has committed such acts whereby the value and utility of the premises in dispute has been materially diminished. The Rent Controller found that the building is unfit and unsafe for human habitation. However, it was found that fixing of wire-gauge door, the only material alteration pointed out, does not amount to material structural alteration which can make the respondent liable for ejectment. However, the issue of non-payment of rent was not pressed as the rent was tendered on the first date of hearing. The Rent Controller ordered ejectment of the respondent on the ground that the building was unfit for human habitation.
(3.) THE tenant preferred an appeal and the lower appellate Court, after appraising the evidence, came to the conclusion that the building cannot be said to be unfit and unsafe for human habitation solely on the ground that the building is 60 years old and reversed the findings of the Rent Controller, accepted the appeal and dismissed the application for ejectment.;