S. D. Agarwala, J. - (1.) THIS petition is directed against the order dated 15th of July, 1986 passed by the prescribed authority under Section 28 (4) of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 U. P. Act XIII of 1972, hereinafter referred to as the Act.
(2.) MOHD. Shafi, respondent No. 1, moved an application under Section 28 .(4) of the Act for issue of a direction to the landlord to carry out major repairs or on the failure of the landlord to permit him to carry out the repairs. A further request was made that in case he carriss out the repairs then he be permitted to adjust the amount towards rent in accordance with law. The petitioner is the landlord. The property in dispute is a shop let out to the tenant Mohammad Shafi, respondent No. 1 at the rate of Rs. 10/- per mensem. In reply to the application moved by the respondent No. 1 tenant, the petitioner filed objections contesting that the property in dispute requires major repairs. In fact, the case which was set up by him was that the petitioner had moved an application for release of the shop in dispute under Section 21 (1) (b) of the Act and as such the application moved by the tenant for major repairs was not maintainable in law.
(3.) THE prescribed authority by an order dated 15th July, 1986, which has been impugned in the present petition, without going into the extent of the repairs has allowed the application and has directed the petitioner-landlord to make the repairs and if he does not do it himself, the tenant has been permitted to do so to the extent of Rs. 300/-. I have heard the learned counsel for the parties.;