GIAN CHAND MODI Vs. SAWAN RAM MUNI LAL

JUDGEMENT

(1.) THE respondent herein, had filed an application under Sections 10 and 12 of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as "the Act"), for directing the respondents, in the main petition, for making necessary repairs of the demised premises fully detailed in the head-note of the plaint or in the alternative, the applicant be allowed to make necessary repairs and deduct the costs from the rent. It was pleaded that the respondent had originally filed an application against Kundan Lal, who died during the pendency of the application and his legal representatives were brought on the record by order dated 17.01.1985. The respondent claimed himself to be a tenant in the premises in question under the petitioners for more than three years at the time of the filing of the application. It was further the case of the respondents that the petitioners in order to harass the respondent, removed bricks from the roof of the demised premises which resulted in leakage of rainy water and caused huge loss to the respondent-applicant.

(2.) THE petitioners denied the allegations made by the respondent-tenant. It was alleged that the building in dispute had become unfit and unsafe for human habitation as it is more than 70 years old.

(3.) ISSUE No. 2 was also decided against the respondent. It was held that the partnership firm being unregistered, could not have filed the application for repairs. No evidence had been produced by the applicant to prove that the firm has been registered. Consequently, it was held that the application is not maintainable.