M.M.Punchhi, J.

1. This is landlords petition. The original landlord Dr. Madan Gopal has since died and now this petition, under orders of this Court passed in C. M. Nos. 3585 to 3587-CII of 1986, decided on November 17, 1986 is being pursued by his son Virender Pal Bhardwaj and daughter Smt. Bimal Devi; though both of them are having litigation in the Civil Court with regard to their entitlement to the estate of the deceased landlord.

2. The sole ground on which eviction of the tenant has been pressed is that the demised premises has become unsafe and unfit for human habitation. It is a shop in Ambala City. The tenant, of course, denied that the shop in question has become unfit and unsafe for human habitation. Either party supported its case and produced three witnesses. The Rent Controller, without discussing the evidence led, based the ejectment on the photograph of the premises placed on record. This photograph revealed that though the structure was of old design and apparently part of a structure which had been demolished and reconstructed, the danger, if any, to it had been occasioned by the demolition of the adjoining structure, a portion of which had been newly bui