Judgment:

HIDAYATULLAH, J. : This is an appeal by special leave against an order of the High Court of Punjab at Chandigarh, dated April 7, 1961.

2. The appellants are five tenants, who have been evicted from certain shops and chobaras in the town of Patiala, on the application of the first respondent the landlord. The application by the landlord was made in June, 1957, under S.13 of the Patiala and East Punjab States Union Urban Rent Restriction Ordinance, 2006 BK (No. VIII of 2006 BK). The grounds urged by the landlord were (a) non-payment of rent by the tenants, (b) non-payment of house tax by the tenants and (c) that the shops were in a state of great disrepair and were dilapidated, and the landlord wished to rebuild them after dismantling the structures. The landlord averred that he had obtained sanction of the Municipal Committee to a proposed plan of construction, and accumulated some building material before making the application.

3. The tenants resisted the application. The Rent Controller framed issues relating to the three grounds; but the first two have ceased to be material now. On the issue relating to the third ground, the Rent Controller held that in deciding whether t