G. C. Mathur, J. - (1.) The applicant is the tenant of a shop of which opposite party No. 2 is the landlord. The applicant filed an application in the Court of the Munsif, Rampur, under Sec. 7-E of the U. P. (Temporary) Control of Rent and Eviction Act, 1947, praying for a direction to the landlord to repair the roof and western wall of the shop, so as to make the premises wind-proof and water-proof. The Munsif issued a commission and the commissioner reported that the western wall of the shop required reconstruction and the roof required replacement. According to the Commissioner the repairs to the wall and the roof will cost about Rs. 2,500/-. Before the Munsif the applicant offered that he would get the necessary repairs done in Rs. 1,000/- only. The main question which arose for consideration before the Munsif was whether the repairs sought by the applicant-tenant were really repairs for making the premises wind and water-proof or, as contended by the landlord, they were new and fresh constructions which could not be ordered under Sec. 7-E. The Munsif held that the entire building had not been demolished and was still in existence and, therefore, the tenant was entitled to the repairs for making the premises wind and water-proof. By order dated August 1, 1970, he directed the landlord to carry out the repairs within two months failing which the tenant would be entitled to get the repairs done himself and to deduct upo Rs. 1,000/- from the rent payable to the landlord.
(2.) Against the order of the Munsif the landlord filed a revision. The district Judge was of opinion that making of the premises wind-proof and water-proof did not cover the re-construction of the wall and the roof and, therefore, the Munsif was not justified in passing the order under Sec. 7-E. He allowed the revision, set aside the order of the Munsil and dismissed the tenants application.
(3.) Against the order of the District Judge the applicant filed a writ petition in this Court. Counter-affidavits and rejoinder-affidavits were filed by the parties. Thereafter the applicant converted the writ petit on into a revision under Sec. 115, C. P. C.;