V.K.Jhanji, J.

1. Ejectment of the petitioner has been ordered from the shop in dispute on the ground that the building in dispute has become unfit and unsafe for human habitation.

2. Shop is possession of the petitioner is an integrated part of a building which is constructed in an area of less than 200 Sq.yards. There are three shops on the ground floor and two rooms behind the said shops. Four rooms are on the first floor of the building. Both the Authorities below on the basis of evidence on record, including that of building expert, have found that substantial and integrated part of the building has already fallen down and the rest is likely to fall at any time. It has come in evidence that two rooms on first floor and a room on the ground floor have already fallen down. It has further come in evidence of building expert that the building has several cracks and several leakage points. The battons of the roof have been eaten up by white ants causing loss of strength and leakage through the roofing. Building expert has also found that through these cracks, water was leaking, causing further damage to the structure. The batton of back-room on ground floor are bending down