M.L.Singhal, J.

1. Rama Nand-petitioner/landlord filed ejectment application under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (hereinafter to be referred as "the Act") against late Jiwan Dass-now represented by his LRs/heirs Rattan Lal etc. whereby he sought his eviction from shop shown by letters "ABCD" in red in the plan Ex.A-1 attached thereto, situated in Sadar Bazar, Gurgaon Cantt on the ground that he is in arrears of rent. It is fairly old construction. The roofs of all the "4 khans" of the shop shown encircled in the plan had fallen down and the remaining part of the roofs are in a state of collapse. Plaster of the walls has mostly fallen and has lost its adhesive strength. There are heavy cracks in the intervening walls of the rooms. The whole of the building is in dilapidated condition and has become most unhygienic and dangerous. The shop has out-lived its utility and required reconstruction. The building has become most unsafe and unfit for human habitation. After getting the vacant possession of the shop, he will re-construct it. For reconstructing the shop he has got adequate funds with him. When Jiwan Dass took the said shop on r