DEVI DAYAL Vs. RAM PARKASH

JUDGEMENT

(1.) THIS revision petition has been preferred by the landlord against the order dated 4-6-1991 of the appellate Authority under Section 15 (2) of the Haryana Urban (Control of Rent and Eviction) Act, 1973, (briefly 'the Act' ).

(2.) THE landlord in May, 1990 filed a petition for the ejectment of the tenant on the ground that the building in dispute has become unfit and unsafe for human habitation.

(3.) DURING the pendency of the ejectment petition, the tenant applied to the Rent Controller under Section 12 of the Act for allowing him to make such repairs as the Controller thought necessary and deduct the costs of the repairs from the payment made by him. During the proceedings under Section 12 of the Act, the tenant filed a misc. application alleging therein that the landlord has made a hole in the roof of the shop and when-ever it rains the rain water comes in the shop damaging the material lying therein. On this application, the Rent Controller inspected the shop in question in presence of the parties and found that some of the roof though was in a damaged condition, yet it was repaired with bricks and plaster, and therefore, found that there was no possibility of rain water coming into the shop. The misc. application was thus declined. Being aggrieved against the same, the tenant preferred an appeal before the appellate Authority, who vide the impugned order modified the order of the Rent Controller and permitted the tenant to carry out the repairs at his own expense. This order is being challenged by the landlord in the present revision petition.