SURINDER KUMAR Vs. KAPOOR CHAND GUPTA

JUDGEMENT

(1.) PETITIONER herein filed an application under Section 12 of the East Punjab Urban Rent Restriction Act, 1949, (for short the Act) seeking permission of the Rent Controller to carry out repairs in the portion marked A B C D of shop No. 106, Bazar No. 4, Ferozepur Cantt. on the ground that the ceiling of the said portion was in a very bad shape being made of bamboos and sirkis and that the same needed replacement by sound iron or wood work.

(2.) THE application was resisted by the landlord-respondent alleging that major portion of the roof had since fallen and the building was in dilapidated condition and unfit and unsafe for human habitation and in such situation the roof cannot be repaired.

(3.) APPEAL filed by the petitioner was dismissed by the appellate Authority and findings as recorded by the Rent Controller were confirmed. The appellate authority also found that replacement of the roof with reconstruction of walls will not amount to repairs within the meaning of Section 12 of the Act. It was also found that photographs Exhibits R-12, R-15, R-16 and R-19 clearly showed the cracks, the dilapidated condition of the walls and that the roof had felled.