Hemant Gupta, J.

1. This is a tenants petition challenging the order of ejectment passed by the courts below on the ground that the building has become unfit and unsafe for human habitation.

2. The respondent-landlords have sought the ejectment of the tenant on the ground that he is a tenant of a shop bearing No. 5402/3 and of Balakhana. The Balakhana in fact situated over shop No. 5398-5399. It was the case of the landlords that his grand-father of the petitioner was inducted as a tenant in the year 1939 and that the building has become unfit and unsafe for human habitation. It is relevant to reproduce the grounds of ejectment which read as under:

"(ii) That the premises mentioned above has become unfit and unsafe for human habitation as the large portion of the roof which constituted the courtyard of Chaubara has since fallen down and the roof of the Chaubara under his occupation is in a dilapidated condition and the respondent, without the written consent of the petitioners, replaced some of the Karis of one of the Chaubara mark "A" with "tors" and has replaced the roof of the other chaubara marked "B" by replacing wooden stairs by iron girdars and the respondent, withou