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2022 Supreme(P&H) 1866

ANIL KSHETARPAL
Samir Dawar – Appellant
Versus
Roshan Puri – Respondent


Advocates appeared:
Mr. Kunal Mulwani, Advocate, for the Appellant; Mr. Onkar Singh Batalvi, Advocate and Mr. Tarun Aggarwal, Advocate, for the Respondent.

JUDGMENT

Anil Kshetarpal, J. (Oral) - The tenant assails the correctness of the order passed by the Appellate Authority while ordering his eviction on the ground that the tenanted premises has become unfit and unsafe for human habitation and is bonafidely required by Sh. Rajesh Puri.

2. Some facts are required to be noticed.

3. Four brothers, namely, Sh. Roshan Puri, Sh. Krishan Puri, Sh. Ashwani Puri and Sh. Rajesh Puri, filed a petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949, seeking eviction of the petitioners herein(tenants). The eviction was sought on the various grounds including non-payment of rent, material impairment to the utility of the building, the building being unfit and unsafe for human habitation as well as on the bonafide requirement of Sh. Rajesh Puri, one of the landlords.

4. The tenant did not dispute their relationship as landlord and the tenant but claims that the various grounds of eviction are not made out.

5. The Rent Controller dismissed the petition. The learned Appellate Authority on reappreciation of the evidence has recorded findings of fact to the effect that the building has not only become unsafe and unfit for human habitat

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