S.U. Khan, J. - (1.) THIS is tenant's writ petition directed against the order dated 9.12.2003 passed by Prescribed Authority/Additional Civil Judge (Junior Division), VII, Mathura rejecting application of tenant petitioner under section 28(4) of U.P. Act No. 13 of 1972. The rate of rent is Rs. 13/ - per month. In the application before the Prescribed Authority, the tenant petitioner claimed that accommodation in dispute required expenditure of Rs. 2000/ - for its repair, white washing etc. including repair of roof.
(2.) THE tenant, who is paying only Rs. 13/ - per month as rent, cannot be permitted to spend Rs. 2000/ - in repairs etc. and adjust the same in rent. Writ petition is finally disposed of without issuing notice to or hearing the landlord respondent. In case, he feels aggrieved by this order, he is at liberty to apply for its recall.
(3.) ACCOMMODATION in dispute is one room residential house. Claim of the petitioner for necessary repairs also appears to be justified.;