V.K.Jhanji, J.

1. This is tenants revision directed against the order of the Appellate Authority whereby he has been ordered to be evicted on the ground that the premises in his occupation have become unfit and unsafe for human habitation.

2. Landlord (respondent herein) filed an eviction application against the petitioner on two grounds, namely the petitioner is in arrears of rent with effect from 8.2.1983 and, secondly, the building of which the premises form part of, has become unfit and unsafe for human habitation. Upon notice of the eviction application, tenant filed written statement and pleaded that his father was a tenant in the demised premises on a rent of Rs. 35/- per month and after the death of his father, he is paying rent to the original owner. On the first date of hearing, arrears of rent along with interest and cost assessed by the Rent Controller were tendered. The ground of non-payment of rent; therefore, no longer survives. Petitioner further denied that the premises in his occupation have become unfit and unsafe for human habitation. The Rent Controller dismissed the eviction application. Aggrieved by the same, respondent preferred an appeal which was a