JUDGMENT :

Rajiv Sharma, J.

This revision is directed against the judgment, dated 17.01.2006, passed by the learned Appellate Authority, Shimla, in Civil Misc. Appeal No. 47-S/14 of 2003. Key facts necessary for the adjudication of this petition are that R.S. Puran Mall Trust, Shimla filed a petition through its Secretary against the respondent-tenant on the following grounds, as stated in paragraph No. 18 of the petition which reads as under:

(i) The building in question, bearing Municipal No. 91, Lower Bazar, Shimla is a very old construction which have out lived its life span. It is in a very dilapidated condition. It was constructed more than 100 years back. It stood constructed in mud mortar and is Dhazi construction from foundations. The entire premises in occupation of the respondent in ground floor are also in a very dilapidated condition and may give way at any time. The entire woodwork of the said tenanted premises has rotten and building is out of plumb. The building and tenanted premises are unsafe and unfit for human habitation and requires to be reconstructed from foundations on old lines as permissible under law. Therefore, the premises in occupation of respondent are b