LAXMAN DASS Vs. SURESH KUMAR

JUDGEMENT

(1.) The order passed by the Appellate Authority, Chamba on 13th July, 1990. permitting the Respondent to carry out repairs to the shop to the extent of Rs. 8,107 by allowing the appeal of Respondent, thereby reversing the order passed on 20th March, 1989 by the Rent Controller, Chamba dismissing the Respondent's application, is under challenge in this revision petition filed under Section 24(5) of the Himachal Pradesh Urban Rent Control Act, 1987.

(2.) The facts, in brief, are that the Respondent, who has been a tenant in a double storeyed shop situate in Dogra Bazar, Chamba town under the Petitioner, on 22nd August, 1988, moved an application under Section 13(3) of the Himachal Pradesh Urban Rent Control Act, 1987 (hereinafter referred to as 'the Act') praying that he be permitted to carry out the repairs to the shop without delay. It was alleged that shop in question was rented out to his father about 23-24 years ago and thereafter he had been in occupation thereof as a tenant on payment of Rs. 250 monthly rent. On the intervening night of 25th and 26th April. 1988, a fire broke out in Dogra Bazar as a result of which the Petitioner's building also, Laxman Dass v. Suresh Kumar including the tenanted shop, was got completely damaged. After the fire, business has come to a stand-still. The landlord was approached for repairs, but such a request was not acceded to. Since the shop had become unuseable because of fire, it required immediate repairs, the estimated cost of which was Rs. 8,107.

(3.) The landlord-Petitioner opposed the Respondent's prayer by contending that the application is not maintainable. Due to fire, the shop had been destroyed completely and there was no question of permitting the Respondent to carry out repairs since the word repair' pre-supposes the existence of a building.