Section 10 in The Bihar Buildings (Lease, Rent and Eviction) Control Act, 1977
10. Direction for repairs to buildings.
(1)Every landlord shall carry out the repairs which he is bound, under any law, contract or custom, to make to a building in the possession of a tenant.Explanation. - In the sub-section, "repairs", include annual white-washing, recolouring and periodical repairs.(2)If the landlord fails to carry out annual white-washing, re-colouring and periodical repairs, which he is bound to make, the tenant may by notice require him to carry out the same within one month from the date of service of the notice and, on the landlord's failure to do so within the said period, the tenant may himself carry out the same at a cost not exceeding one month's rent for the building and deduct such cost from the rent.(3)If the landlord neglects to carry out any repairs, other than those referred to in sub-section (2), which he is bound to make, the Controller shall on application by the tenant, which shall specify the approximate cost of such repairs, cause a notice to be served on the landlord to appear and show cause within such time as may be fixed, against the application.(4)If the landlord does not appear in obedience to the notice or if he appears but fails to satisfy the Controller as to why he should not be directed to carry out the repairs or such of them as he finds the landlord is bound to make, the Controller shall, after making such further inquiry as may be necessary, direct him to carry out the same within a time to be fixed and on the landlord's failure to comply with such direction, the Controller may permit the tenant to carry out such repairs at a cost not exceeding such amount as may be specified in the order and to recover such cost from the landlord. It shall thereafter be lawful for the tenant to make such repairs and to deduct the cost thereof from the rent or to recover it otherwise from the landlord as if it were a debt due to him by the landlord:Provided that no order for the carrying out of repairs under this sub-section shall be made, if the Controller is satisfied that the repairs involved were due to the negligence of the tenant.
