JAGDISH PRASAD UPMANYU Vs. KRISHNA MURARI AGARWAL

JUDGEMENT

(1.) THIS is tenant's writ petition directed against the order dated 9.12.2003 passed by Prescribed Authority/Additional Civil Judge (Junior Division), VII, Mathura rejecting application of tenant petitioner under section 28(4) of U.P. Act No. 13 of 1972. The rate of rent is Rs. 13/ - per month. In the application before the Prescribed Authority, the tenant petitioner claimed that accommodation in dispute required expenditure of Rs. 2000/ - for its repair, white washing etc. including repair of roof.

(2.) THE tenant, who is paying only Rs. 13/ - per month as rent, cannot be permitted to spend Rs. 2000/ - in repairs etc. and adjust the same in rent.

(3.) ACCOMMODATION in dispute is one room residential house. Claim of the petitioner for necessary repairs also appears to be justified.