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1997 Supreme(P&H) 691

V.K.JHANJI
Bal Kishan – Appellant
Versus
Raj Kumar – Respondent


Judgment

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.











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