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1963 Supreme(All) 323

B. DAYAL, D. P. UNIYAL
N. S. Datta – Appellant
Versus
Kamta Prasad Tandon – Respondent


Advocates appeared:
Gopi Nath, Advocate, for the Applicants; R.C. Ghatak, Advocate, for the Opposite Party

JUDGMENT

B. Dayal, J. - These are two connected revisions relating to the amount spent by the tenant on repairs of the building. Both these revisions are between the same parties and relate to repairs of the same building but for different periods. Civil Revision No. 1084 of 1960 arises out of a Small Cause Court suit filed by the landlord for arrears of rent. A defence was raised in that suit that certain repairs had been done which the landlord was bound to make under Sec. 7-E of the U.P. (Temporary) Control of Rent and Eviction Act (hereinafter referred to as the Act) and the tenant was entitled to deduction of the same. This defence was repelled and the suit was decreed. Against that decree a revision was filed before the District Judge after a very long time, and the learned District Judge rejected the revision on the ground of delay without going into the merits of the case. Against that order this revision has been filed. The other revision No. 616 of 1960 arises out of an application on the ground of arrears of rent under Sec. 7-B of the Act. In that case also the same defence about the repairs of the building was raised and has been repelled by the trial court as well as by

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