K.M.Dayal, J. - (1.) The present petition has been filed by the landlord against an order passed under section 28(5) of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to the 'Act').
(2.) The argument of the learned counsel for the petitioner is that the repairs could not be done within the amount of rent of two years and further damage of the property was such that only reconstruction could be effective and repairs were not possible. No amount has been specified within which repairs were to be made. From the application, Annexures 'I' to the writ petition, it appears that the walls in dispute which had fallen down were of earth. It also appears that there were some tiled sheds which have also been damaged. The earthen wall was alleged to have been damaged by the landlord.
(3.) Under clause (b) of sub-section (5) of section 28 of the Act the Prescribed Authority has to order the repairs at a cost not more than two years rent. The cost has to be specified on the basis of estimates prepared. From the judgment of the court below it appears that he has not specified any amount which could be spent in making the repairs. I also do not find any material from which the estimate could be prepared for the necessary repairs.;