BALBIR SINGH Vs. HARI RAM

JUDGEMENT

(1.) The question requiring determination in this civil revision is whether a tenant can prospectus an application under Section 12 of the Haryana Urban (Control of Rent and Eviction) Act (Haryana Act No. 11 of 1973), hereinafter referred to as the Haryana Act, to carry out the repairs during the pendency of the application of the landlord unde Section 13(3)(c) of this Act for his eviction on the ground of the premises being unfit and unsafe for human habitation.

(2.) The facts giving rise to this Civil Revision are that Balbir Singh petitioner, a tenant in a shop belonging to Hari Ram respondent-landlord, filed an application under Section 12 of the Act before the Rent Controller, Narwana for permission for replacement of the last-Khan (span) of the roof of the shop in which he runs his bakery. The respondent, on the same day, filed an application under Section 13(3)(c) of the Act for ejectment of the petitioner from these premises taking a ground that because of the falling of the roof the permises having become unsafe and unfit for human habitation. In his application under Section 12 of the Act, the petitioner made a demand for urgent repairs in the premises. The learned Rent Controller relying on Dr. Piara Lal Kapur v. Smt. Kaushalya Devi, (1970) 72 Pun LR 411 and Smt. Bhagwanti v. Yashodha Devi, 1980(1) Rent CR 574, held that the application on behalf of the tenant under Section 12 of the Act is not maintainable when the landlord has also filed an application, seeking his eviction on the ground that the demised premises were unsafe and unfit for human habitation.

(3.) Balbir Singh came to this Court in revision. At the motion hearing the landlord single Judge observed : "However, I feel that there is nothing in the statute, which debars the tenant's right to make a prayer for repairs during the pendency of the application by the landlord for his ejectment" and the revision was admitted for hearing before a Division Bench.