SHANTI DEVI Vs. SH DASS KUMAR

JUDGEMENT

(1.) THIS is landlord's revision petition against the order of the appellate authority whereby order of appellant Controller was reversed and premission granted to the respondent to effect the necessary repairs is respect of the premises in dispute.

(2.) DASS Kumar tenant filed an application under Section 12 of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as the Act) against the petitioner for a direction to her for making necessary repairs in the demised premises. As per averments made by him, the roof of the shop leaks profusely daring the rainy season and so needs repairs. Ha had been requesting time and again the landlady to effect the necessary repairs, who has not acceded to his request. Hence this petition.

(3.) THIS application was contested by the respondent on the ground that effecting of repairs of the roof of the shop is in fact a clear device to frustrate the landlady's petition for eviction of the shop on Use -ground that the same has become unfit and unsafe for human habitation. According to the land-lady, the roof of the shop was likely to fall at any time. The Rent Controller declined to grant the premission sought.