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Shadi Singh vs Rakha on 23 April, 1992 cites

Maharaj Jagat Bahadur Singh vs Badri Prasad Seth on 20 March, 1962

In Maharaj Jagat Bahadur Singh v. Badri Prasad Seth, [1962] Supp.3 SCR 952 the respondent was running a cinema theatre known as Rivoli. The Municipal Commissioner Shimla noted some defects and directed the appellant to remove the defects in the theatre. The appellant sought for eviction of the respondent tenant on the ground that the building became unsafe and unfit for habitation. The Rent Controller directed eviction. The District Judge, on appeal, came to the conclusion that the appellant manipulated the notice to have the tenant evicted. The repairs could be effected without ejecting the tenant. On revision, the High Court confirmed it. This court on further appeal held that s.13(3)(a)(iii) of the Act attracted only when the building work is such that the landlord requires that the building be vacated by the tenant in order to carry out the work. In other words, the repairs needed are so extensive and funda- mental in character 732 that they cannot be carried out if the tenant remains in possession. Then only it can be said that the landlord requires the building to carry out the building work. On the facts in that case it was held that repairs to be ef- fected did no t requires eviction of the tenant.
Supreme Court of India Cites 12 - Cited by 11 - Full Document

Piara Lal vs Kewal Krishan Chopra on 6 May, 1988

It is true as contended by Shri Harbans Lal that in that case there were five rooms and the roof of one room alone had fallen and that the tenant had obtained orders of the Rent Controller under s.12, and thereafter the tenant replaced the roof. It is sought to be contended that by unilateral act of the tenant effecting repairs, the right of the landlord for eviction under s.13(3)(a)(iii) was frus- trated and it could not be permitted to be done. Normally it would be so. A tenant is under a statutory obligation to approach the Controller and seek an order for effecting repairs provided the landlord refuses or neglects to effect repairs. After the Rent Controller passes an order, the tenant acquires right to effect repairs. In that event he is entitled to recover costs thereof from the rent payable. Under s.108(f) of the Transfer of Property Act, even in the 733 absence of a contract tenant has a unilateral right to effect repairs, when the landlord neglects to effect repairs within a reasonable time after notice the tenant has a right to effect repairs and deduct the expenses with interest from the rent or otherwise recover it from the landlord. Under the Act this right is hedged with an obligation to get an order from the Rent Controller.
Supreme Court of India Cites 6 - Cited by 38 - S Mukharji - Full Document
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