The court's decision highlights the importance of considering the condition of the building as a whole, including the materials used in its construction, its age, and any damage it has suffered, when determining whether it is unfit and unsafe for human habitation.

V.K.Jhanji, J.

1. This shall dispose of Civil Revision Nos. 1163 and 1181 of 1993.

2. Both the revision petitions are by the tenants, directed against the order of the Appellate Authority whereby they have been ordered to be ejected from the premises in dispute on the ground that the building has become unfit and unsafe for human habitation and that the landlord requires the same for his personal necessity. Petitioner in Civil Revision No. 1163 of 1993 is occupying the premises on rent at the rate of Rs. 10/- per month, while petitioner in Civil Revision No. 1181 of 1993 is occupying the premises at the rate of Rs. 15/- per month. Ejectment of the tenants was sought on the grounds, namely :-

(i) That the building has become unfit and unsafe for human habitation;

(ii) non-payment of rent;

(iii) personal necessity of the landlord; and

(iv) change of user.

On contest by the petitioners, ejectment applications filed by the landlord were dismissed by the Rent Controller, but in appeal by the landlord, the appellate Authority has set aside the judgment of the Rent Controller and as a consequence thereof, has ordered ejectment of the tenants. Hence, the present revision petitions.

3. The appellate Authority has ordered ejectment of the tenants on two grounds; namely, that the demised premises have become unfit and unsafe for human habitation, and, that the landlord requires the premises for his own occupation and for occupation of his family. In order to conclude that the building has become unfit and unsafe for human habitation, reliance has been placed by the appellate Authority on the statement of Expert witness, AW 5, examined by the landlord. The Building Expert on inspection of building submitted his report, Exh. AW-5/1. This Expert has opined that the building is not fit for human habitation and is beyond repairs and requires reconstruction. He on inspection has opined that the entire plaster has fallen down and the stones of southern and eastern walls are bulging out. Wooden rafters are damaged. Relevant portion of his report reads as under :-

"Portion marked red (ground floor) in the enclosed plan is occupied by Sh. Bal Kishan. Room No. V is common and is being used as passage and working place by Sh. Gulab Chand also. Construction of the building is very old and it appears that roofs of ground floor except that of entrance and basement were replaced about 60-70 years back. Original roof of entrance and basement are constructed with stone patties resting on walls whereas replaced roofs are constructed with Brick arches in lime mortar supported on R.S. Joists.

Walls 18" thick constructed with slate stone and small brick in lime mortar and plaster with same mortar are in dilapidated condition, stones are missing at places. Due to age lime mortar has lost its adhesive power and pulverizes when pressed between thumb and fingres. Lime plaster has totally crumbled down from external surfaces. Mortar from wall joints has peeled off upto 1" depth at places, stones from east and south wall can be easily picked up with hand. Cracks marked C.C. have developed at places. East wall has bulged and is out of plumb by about 3-1/2".

Wooden lintels provided over Door openings have decayed. Roof at a height of 10 is constructed with brick arches in lime mortar plastered with same mortar supported on R.S. Joists and lime concrete terracing. Lime plaster from the soffits of arches along with mortar from arch joints has totally peeled up in Room Nos. 1, 2 and V. In Room No. 5 bricks have displaced along the joints at places marked red. No comments are offered for Room No. 3 as Plastic cloth ceiling has been provided just to cover up the condition of the roof. Lime concrete terracing is worn out and cracked.

C.G.I. Sheets provided in the shed are very old, rusted and worn out. Wooden purlin provided at one end of the Tin Shed is broken and propped with wooden post marked red.

Flat Brick flooring provided in the rooms is totally broken.

Con