S.S.SANDHAWALIA, J.

1. The question posed for determination by the Division Bench in the reference order of the learned single Judge is in the following terms:-

"Whether the ejectment of a person, who is a tenant of a demised premises which is part and parcel of a bigger building, can be ordered, to enable the landlady to reconstruct the dilapidated building if the other portion of the building which is in possession of the landlady is found to be unsafe for human habitation?"

2. At the outset, however, it may be mentioned that the learned counsel for the parties are agreed that the core question here can be more felicitously formulated in general terms as under :-

"Whether a tenant of the demised premises which are an integral part of a larger building can be ejected under the provisions of Section 13(3)(a)(iii) of the East Punjab Urban Rent Restriction Act, 1949 , on the ground of the building having become unsafe and unfit for human habitation despite the fact that the particular portion in the occupation of the tenant may not be so."

3. The facts may be delineated with relative brevity with particular reference to the question aforesaid. 3-A. An application under S.13 w