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