ASHWANI KUMAR Vs. GOPAL KRISHAN

JUDGEMENT

(1.) THIS is tenant's revision petition against the concurrent finding of the Court below whereby his application under section 12 of the East Punjab Urban Rent Restriction Act (for short 'the Act') seeking permission to repair part of the tenanted premises was declined.

(2.) BRIEFLY put, the tenant filed an application to the effect that the roof of the kitchen under his possession needs urgent repair and the same may be granted in terms of the provisions of the Act. The respondent put in appearance and controverted the averments made in the application. The landlord specifically averred that the petitioner is in occupation of two rooms and a kitchen at monthly rent of Rs. 60/- per month as tenant under him. The landlord further urged that, in fact, the premises in question has become unfit and unsafe for human habitation and there is every danger of the building crumbling down at any time. He further contended that the building, in fact, is more than 80 years old, stair-case has already given way and doors and windows are in a damaged condition and thus prayed that this petition has been filed merely to stall his eviction on the ground that the building has become unsafe and unfit for human habitation.

(3.) THE Rent Controller on perusal of the evidence led, came to the conclusion that, in fact, the building is in dilapidated condition and has thus become unsafe and unfit for human habitation. Resultantly, the Rent Controller decided issue No. 1 against the petitioner and so dismissed the application vide order dated 21.1.1989.