Kodiyambal Ammal vs N.V. Ananthakrishnan And Anr. on 28 July, 1983
In Subbiah v. Cole the question arose whether without informing the landlord that the premises in the occupation of a tenant requires repairs it will be open to the tenant to apply for permission to the Controller for carrying out repairs to the house and deduct the costs thereof from the rent payable. In considering that question, Subba Rao, J. (as he then was), interpreting Section 11(2) of the Madras Buildings (Lease and Rent Control) Act, XXV of 1949, which is in pan materia with Section 22 of the Act) held that two conditions have to fulfilled before a tenant can be permitted to make repairs to the building and they were: (1) the landlord should have failed to make the necessary repairs after notice is given by the tenant; and (2) the Controller should give permission to him to effect the repairs after the landlord had defaulted to carry out the repairs after notice given by the tenant. It was further held that without fulfilling these two requirements, the tenant cannot be permitted to effect repairs to the building in his; occupation.