RAKHA RAM Vs. JAMNA DEVI

JUDGEMENT

(1.) PRESENT revision petition is by the tenant against the order passed by the authorities in the application under Sections 10/12 of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as the Act) for carrying out necessary repairs on account of failure of landlord to carry out such repairs.

(2.) PETITIONER was inducted as a tenant in the demised premises in the year 1964. The tenant filed the present application under Section 10/12 of the Act in April, 1981 which has been dismissed by both the Courts below holding that the building is in dilapidated condition and cannot ordered to be repaired as it is unfit and unsafe for human habitation.

(3.) COUNSEL for the petitioner has relied upon Chandu Lal v. Har Lal, 1966 PLR 36 (short note), to contend that replacement of roof is part of the repair which is required to be carried out by the landlord and such order can be passed under Section 12 of the Act.