HUSSAN LAL Vs. DATA RAM

JUDGEMENT

(1.) Mr. Sanjeev Kumar Suri, learned Counsel, on instructions submits that the respondent -landlord is prepared to repair the damaged shutter of the demised premises himself and agreed even for the repair thereof by the petitioner -tenant also on adjustment of the expenditure incurred upon out of the rent due and payable.

(2.) In order to adjudicate the point in issue, it is desirable to take note of the facts in a nut shell. The petitioner herein is the tenant. He has been inducted as tenant by the respondent -landlord in a shop situated near HRTC workshop at Una on the monthly rent of Rs.192.50/ -. The petitioner -tenant has filed an application under Sec. 13 of the HP Urban Rent Control Act (hereinafter referred to as 'Act ' in short) for seeking permission to carry out necessary repairs in the shop premises on the ground that the respondent -landlord has failed to repair the same for the last 22 years and even on receipt of the legal notice Ext.PW1/A dated 22.11.1999 also. The repair in the shop premises being sought is in the nature of repair of shutter thereof or its replacement. The cost of such repair/replacement at the time of filing of the rent petition i.e. April 2000 was Rs. 1000/ -.

(3.) The respondent -landlord has however, contested the application on the ground such as estimate qua the expenditure to be incurred upon not prepared and that the petitioner -tenant is habitual defaulter being not paying the rent well in time.