Hemant Gupta, J.

1. Petitioners are aggrieved against the order passed by the authorities under the Act whereby his petition for ejectment of the tenant, interalia, on the ground that the building has become unfit and unsafe for human habitation was dismissed.

2. Respondents are tenant of the premises on the first floor of the building owned by the petitioners, consisting of two rooms and bathrooms. The petitioners have alleged that the respondents had demolished 3/4th portion of the roof of the latrine without their consent and started construction of the said portion. But on the intervention of the petitioners, the construction was stopped. It was alleged that the tenant now threatened to use other latrine meant for the exclusive use of the petitioners. Respondents denied the allegation and stated that the premises are quite fit for human habitation and the story regarding its being in dilapidated condition is concocted one. Respondent No. 1 denied that they ever demolished the roof of the latrine and also stated that he is law abiding citizen and is father of young daughters and cannot think of indulging in any dispute.

3. During the course of trial, one of the petitione