YASHODA DEVI Vs. MUNSIF WEST BALLIA

JUDGEMENT

(1.) THE present petition has been filed by the landlord against an order passed under section 28 (5) of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the 'Act').

(2.) THE argument of the learned counsel for petitioner is that the repairs could not be done within the amount of rent of two years and further the damage of the property was such that only reconstruction could be effective and repairs were not possible. No amount has been specified within which repairs were to be made. From the application, Annexures 'I' to the writ petition, it appears that the walls in dispute which had fallen down were of earth. It also appears that there were some tiled sheds which have also been damaged. THE earthern wall was alleged to have been damaged by the landlord.

(3.) UNDER the circumstances the landlord cannot accuse the tenant of making any constructions or material alterations without his permission within the meaning of section 20 (2) of the Act. The tenant may make the constructions and repair tiles which have been damaged and may also construct the earthern wall as before. He may not be entitled to claim any expenses from the landlord.