A building is not unfit and unsafe for human habitation merely because it is old or has minor defects.

Manmohan Singh Liberhan, J.

1. The only ground which survives for ejectment of the tenant petitioner is that the building has become unfit and unsafe for human habitation. The charter of claim put forth by the landlord-respondent in his petition for ejectment is that the shop in dispute was leased out to the petitioner-tenant 30 years ago and the roof of the said shop is made of beams, buttons, and Sirki. The last Khan of the demised shop is in a very deteriorated condition and can fall at any time. The tenant has given a support to the roof of the back Khan of the demises shop and under the support, another beam which has developed a crack has been fixed. But for the said support, the back Khan of the demised shop would have fallen down. The building is more than 60 years old and has outlived its life and can fall at any time. The support under the beam has been given without the consent of the landlord.

2. The claim of the landlord was refuted and the only dispute raised was that the support given to the beam of the back Khan had been provided by the landlord.

3. The authorities below came to the conclusion that the tenants putting up a beam to support the defective beam could not change the nature of the building which had become unfit and unsafe because the roof of the back khand would have fallen but for said support. In view of these findings, the Rent Controller ordered the ejectment of the tenant-petitioner.

4. The learned counsel for the petitioner has challenged the finding of the authorities below through this revision petition and contends that even taking the ejectment petition in its totality to be correct, it could not be inferred that the building had become unfit for human habitation. The evidence led beyond the pleadings cannot be looked into. Otherwise also if the evidence is looked in totality in the light of the pleadings, no inference can be drawn that the building has become unsafe and unfit for human habitation. It is contended that the mere fact that the building being old enough, is not sufficient to infer that it has outlived its life and has become unfit and unsafe for human habitation. It is contended that in view of the admitted fact that the roof would have fallen but for the repairs which were alleged to have been effected, the building cannot be said to be unsafe and unfit for human habitation and this fact has to be taken note of. Nothing has been said with respect to the condition of walls, the major portion of the building, floor etc. constituting the building.

5. In order to support his contention, the learned counsel for the petitioner relies on Piara Lal v. Kewal Krishan Chopra, 1988(2) RCR 32 : AIR 1988 Supreme Court 1432; Tara Chand v. Sheo Parshad, 1989(1) RCR 254 : 1989(2) PLR 191; Puran Chand and another v. Roshan Lal Advocate, 1975 RCR 504; Surinder Nath v. Shri P.N. Dhawan, 1981(1) RCR 704 : 1981(1) RLR 755; Maharaj Jagat Bahadur Singh v. Badri Parshad Seth, 1963 PLR 452; Dr. Jagmohan Singh v. Smt. Bimla Devi, 1975 PLR 643 and Chandu Lal v. Har Lal 1966 PLR Short Notes 36.

6. The learned counsel for the petitioner further contends that the claim of the landlord is not bona fide inasmuch as ejectment of the tenant has been sought on the ground that changes have been effected by the tenant which has impaired the value and utility of the building as well as on ground of arrears of rent. The said grounds were not bona fide as all the available grounds were taken by the landlord for the ejectment of the tenant. The landlord has thus not come with clean hands and in a straight forward manner. Therefore, the claim of the landlord is not bona fide and the tenant is not liable for ejectment under Section 13(3)(b) of the East Punjab Urban Rent Restriction Act, 1949 . The learned counsel for the petitioner has taken me through the oral statements of the witnesses as well as the evidence of the expert.

7. The learned counsel for the respondent-landlord refutes the submission made by th