Civil Revision No.6644 of 2005 : 1 : IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 6644 of 2005 Date of Decision: March 04, 2008 Vishal Sethi ...Petitioner VERSUS P.K.Khanna ...Respondent CORAM: HON'BLE MR.JUSTICE RANJIT SINGH 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? Present: Mr.T.P.S.Ahluwalia, Advocate, for the petitioner. Mr.N.P.Jetley, Advocate, for the respondent. ***** RANJIT SINGH, J. The present revision is filed by petitioner-landlord impugning the order passed by Rent Controller, Ambala City granting permission to respondent P.K.Khanna to re-construct the wall of the tenanted premises. While issuing notice of motion, the counsel for the petitioner placed reliance on the case of Smt.Bhagwanti Vs. Civil Revision No.6644 of 2005 : 2 : Yashodha Devi, 1980(1) RCR (Rent) 574 (P&H) to say that the permission as granted to the respondent would seriously prejudice the case of the petitioner inasmuch as his ground for seeking eviction of the respondent from the tenanted premises on the basis of building being unfit and unsafe for human habitation would be rendered infructuous. The operation of the order granting permission by the Rent Controller to the respondent to re-construct the wall accordingly was stayed. Learned counsel for the respondent refers to the case of Balbir Singh Vs. Hari Ram, 1983 HRR 436 to say that words and phrases `Necessary', `Urgent', and `Essential', have been explained in this judgment. It is accordingly held that Rent Controller is to allow only those repairs, which are urgent and essential and while allowing the repairs he is to keep in view the right of the landlord under Section 13(3)(c) for which the matter may be pending or might come before him. It is viewed in this case that there are no fetters on the powers of the Rent Controller to allow repairs under Section 12 of the Act. The case of Smt.Bhagwanti (supra) was considered by the Division Bench in the case of Balbir Singh (supra) and was approved. The question to be seen is whether the permission as granted to re-construct the wall can be sustained or not. It is not disputed before me that the petitioner has sought eviction of the respondent on the ground of building being unfit and unsafe for human habitation. If the permission sought is granted, it will certainly seriously prejudice the right of the petitioner to maintain the petition. It is in this context that Division Bench in the case of Balbir Singh Civil Revision No.6644 of 2005 : 3 : (supra) has observed that while allowing the repairs, the Court is to keep in view the right of landlord under Section 13(3)(c) of the Act which might be pending before. In addition, the facts in the present case would also show that injunction order was passed by Civil Judge (Junior Division), Ambala City on 27.5.2003 and the application under Order 39 Rule 1 & 2 CPC filed by the petitioner was allowed and the respondent was restrained from re-erecting the wall and carrying out major repairs of the premises in dispute except in due course of law. The counsel for the petitioner is justified in making reference to the report given by the Local Commissioner which shows that the disputed wall is 55'-7” in length and 5' in height, whereas the repair/re-construction is sought on the ground that there is no wall in existence from the height of 1-1/2' above the ground level. The repairs which are sought do not appear to be essential or necessary. The repairs if allowed would certainly effect the right of petitioner-landlord to pursue his remedy for seeking eviction on the ground of the building being unfit and unsafe for human habitation. The ratio of law laid down in Smt.Bhagwanti's case (supra) appears to be applicable in this case. Considering these facts, the impugned order cannot be sustained. The same is set-aside. The revision is accordingly allowed. March 04, 2008 ( RANJIT SINGH ) ramesh JUDGE Civil Revision No.6644 of 2005 : 4 :