TRISHUL DHARI PRASAD Vs. BISHUN DEO SINGH

JUDGEMENT

(1.) THIS civil revision under Section 115, C. P. C. is directed against an order of Munsif East. Ballia. Passed in proceedings under Section 7-E of the U. P. (Temporary) Control of Rent and Eviction Act, 1947, (hereinafter re ferred to as the 'Act').

(2.) BISHUNDEO Singh and Tribeni Prasad. Who are opposite parties in the revision, had filed an application before the Munsif under the aforesaid section on 14-9-1969. They were respectively ten ants of two adjoining shops one of which had only one room and the other two rooms. The application was filed against two persons, who were the landlords and who are the applicants before us. It was given out in the application that the land lords wanted to reconstruct their building and had demolished the upper portion ex isting on the shops in question, with the result that the roofs of the shops had got damaged and because of the removal of stone-slabs from the adjoining roof, a small upper portion of one of the walls of one shop had also fallen. Upon mak ing the application a commission was also got issued in the name of the Amin, who filed a report confirming the need for repairs. He stated that holes had crept In some of the walls and the roof badly needed repairs. He estimated the expenses of repairs at Rs.1.135/-.

(3.) THE application of the tenants was contested by the landlords. They gave out that there was no liability on them to put the shops in their formal state because they required reconstruc tion and not repairs. Their case further was that the shops had been constructed after 1-1-1951 and therefore the U. P, (Temporary) Control of Rent and Evic tion Act, 1947 was not applicable and the application under Section 7-E of that Act was not maintainable.