1. Aggrieved by order dated 06.12.2008, passed by District Judge, Anantnag in the appeal captioned Mohammad Rafiq Bhat & anr. v. Ghulam Hassan Wagay, both the parties have filed two revision petitions, one captioned Ghulam Hassan Wagay v. Mohammad Rafiq Bhat & Anr. (C. Rev.185/2008) and another captioned Mohammad Rafiq Bhat & anr v. Ghulam Hassan Wagay (C. Rev. No. 10/2009).

2. In the three storeyed building situated at Lal Chowk Anantnag, Ghulam Hassan Wagay (petitioner in C. Rev. No. 185/2009) (hereinafter referred to as the tenant), is in possession of two shops located in the ground floor. Respondents Mohammad Rafiq Bhat & another (petitioners in C. Rev. No. 10/2009 (hereinafter referred to as the owners) are the owners of the said building.

3. In the intervening night of 22/23rd December, 2007, the said building gutted in fire. The Municipal authorities served a notice to the owners on 08.01.2008 to the effect that the building being in dilapidated condition and unsafe be demolished so as to avoid any untoward incident.

4. The tenant filed a suit for permanent prohibitory injunction before the Court of Munsiff, Anantnag. Applications filed alongside the suit for interim relief were disposed on 02.06.2008 with the direction to the parties to maintain status quo as on spot on the said date till final disposal of the main suit, with liberty to the parties to invoke Jurisdiction of the proper forum under the provisions of J&K Houses and Shops Rent Control Act.

5. Picking up thread from the operative part of the order, the tenant filed an application under Section 27 of the Houses and Shops Rent Control Act before the Rent Controller (Sub Judge), Anantnag on 22.05.2008 claiming therein that upper two storeys of the said building gutted in fire but no damage has been caused to the ground floor where two shops are in his possession so he continue to conduct his business. The repairs are required so as to avoid damage to the shops due to rain/snow.

6. The said application has been allowed vide dated 15.11.2008 where-under the owners have been directed to effect repairs within twenty five days, in default tenant shall be entitled to effect the repairs. It has also been made clear that the observations made in the order shall remain confined to the disposal of said application so shall not debar any authority including Municipal Council, An#31;antnag to take any proceedings qua the premises in terms of law applicable. It has further been observed that the order shall not debar the owners from seeking redressal of their grievances qua the tenanted premises against the tenant to which they are entitled to under law including the provisions of Jammu & Kashmir Houses and Shops Rent Control Act.

7. Aggrieved by the said order passed by Rent Controller (Sub Judge), An#31;antnag, the owner filed appeal before the Court of District Judge, Anantnag on 01.12.2008. The said appeal has been decided vide order dated 06.12.2008.

8. Before the Appellate Court, learned counsel for the owners had projected that the building which gutted in fire is in dilapidated condition, the Municipal Authorities have issued notice for its demolition but the tenant first by filing suit for permanent injunction, then by filing application under Section 27 of the Houses and Shops Rent Control Act has prevented the owners from demolishing the building, it was added that the owners on demolition shall reconstruct the building and on reconstruction two shops will be given to the tenant but the counsel for the tenant had projected that since it is not known as to how much time it will take to the owners in obtaining permission and then for construction of the building, therefore, Rent Controller rightly permitted the repairs and while doing so has observed that in absence of roofing of the tenanted premises, it shall be exposed to vagaries of nature and would not be inhabitable and useable condition, therefore, fixing of wooden trusses and CGI sheets/roofing falls within the

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