IMPORTANT POINTS
A plausible decision cannot be interfered with.
A ground cannot be taken before the Supreme Court for the first time.

JUDGMENT

A.K. SIKRI, J.

These matters were listed for hearing on January 18, 2019. The counsel for the respondents did not appear though the matters were passed over once and were called again for the second time. In these circumstances, we heard the learned counsel appearing for the appellant and reserved the judgment. However, in order to give an opportunity, this Court granted one week’s time to the respondents to file their written submissions. Even when more than one week has lapsed, no written submissions have been filed by the respondents. In these circumstances, we have ourselves perused the entire record while considering the submissions of the appellant’s counsel.

2) The appellant herein is the owner of the premises situated in Main Bazar, Old Najafgarh Road, Bahadurgarh, Haryana. In these premises few shops were constructed in mid 1960s [Though respondents had disputed the year of construction and according to them construction was carried out 30-40 years ago only] by the father of the appellant and one shop each was let out by the respondents in these appeals. The premises are governed by the Haryana Urban (Control of Rent and Eviction) Act, 1973 (hereinafter referred to as the ‘Act’) as per which tenants can be evicted only on certain specified grounds. One of the grounds for eviction is that the premises let out is in dilapidated condition and cannot be repaired/reconstructed without evicting the tenant. The appellant filed eviction petitions against the respondents before the Rent Controller, Bahadurgarh, under Section 13 of the Act on the ground that the shops which are built up on mud had become unsafe, inhabitable and were in dilapidated condition. The Rent Controller was pleased to dismiss the eviction petitions after recording a finding that tenanted premises were not in a dilapidated condition. The appeal was preferred by the appellant against the orders of the Rent Controller before the Additional District Judge-cum-Appellate Authority under the Act. These appeals were also dismissed. Thereafter, the appellant filed revision petitions, which have also been dismissed by the High Court. Identical orders are passed dismissing these revision petitions and the operative portion of order dated July 09, 2015 passed by the High Court in the revision petitions is as follows:

“In the present case, petitioner had sought ejectment of respondent No.1 from the shop in question on the ground that it had been rendered unfit and unsafe for human habitation. In this regard, petitioner examined his expert. Respondent No.1 also examined his expert to establish that the premises in question was fit for human habitation. The Courts below after going through the reports of the expert and the photographs, placed on record, came to the conclusion that the premises in question was fit for human habitation. In fact, the shop in question had not been got repaired by the petitioner.

In the facts and circumstances of the present case, no ground for interference with the finding of fact arrived at by the Courts below, is made out.”

3) The learned counsel for the appellant has made twofold submissions. In the first place, it was argued that during the course of the trial, the appellant had placed on record the report of an expert, viz., an Engineer who was also examined as PW-3. He also filed an affidavit stating that he had carried out physical inspection of the shop and gave a detailed report dated March 10, 2006, which was exhibited as Exhibit P-2. The condition mentioned by him finds mention at pages 29 and 30 in paragraph 19 of the judgment dated April 30, 2010 of the trial court.

Relying on that report, learned counsel for the appellant argued that it speaks volumes about the state of existing construction and clearly shows that the shop in question is in a dilapidated condition. It states that cracks have been developed in the superstructure walls, RCC slabs of the stairs, roof projection. It also mentions that cement plaster has