tenant can make repairs and claim rent/repair amount from the
landlord. In case the repairs required in the tenanted premises is
more or major ... details of repairs
and estimated expenditure Annexure B for such repairs, which
are as under :
(a) Repairing and plastering inner walls of tenanted shop
short, the petitioner has
to establish that the tenanted premises needs tenantable repairs and the
landlord has failed his obligation to keep the tenanted premises ... petitioner has failed to establish that the tenanted
shop is in need of any tenantable repairs. The petitioner also failed to
establish that the landlord
tenant is required to plead
and prove the following ingredients :-
I. that the tenanted premises require such repairs
without which the premises are not habitable ... landlord to keep the tenanted premises in a
good and tenantable condition and if the landlord fails to repair
the tenanted premises even after
Controller, and the tenant agrees to bear the excess
cost himself, the Controller may permit the tenant to
make such repairs".
6. Thus ... landlord to carry
out repairs of the tenanted premises. He may permit
the tenant to carry out repairs under Section 44(3) if,
after receipt
bound to keep the premises in good repair and if
the landlord does not make repairs, tenant can get the repairs done himself ... repairs he likes and change the house by making unauthorised constructions
and saying they are repairs. The repairs have to be repairs only
tenantable repairs. He also argued that the shop in
question is repairable and he is ready to get the said shop repaired ... Controller, and the tenant agrees
to bear the excess cost himself, the Controller
may permit the tenant to make such repairs."
9. A bare
tenant for
the repairs of the tenanted premises and in the meantime the
tenant repaired the rented premises and it was in this
background that ... refuses to repair a
deteriorated roof unless tenant vacates the demised premises
then the tenant can repair the same himself and if he does
tenant agrees to
-: 8 :- R-171/06
bear the excess cost himself, the Controller may
permit the tenant to make such repairs ... tenant to make these repairs if the landlord
neglects to make repairs. Of course, this does
not mean that tenant can make any repairs
landlord is bound to
keep the tenanted premises in good and tenantable repairs. Suit property
was let out for residential as well as commercial purposes ... Primary duty
is upon the landlord to keep the tenanted premises in good and
tenantable repairs. In his crossexamination, plaintiff/PW3 has admitted
petitioner is using the tenanted shop for commercial purposes.
With passage of time, the tenanted shop required repairs, however, even upon
requests upon the petitioner ... after
necessary repairs. It seems that the respondent did not take any action to carry
out the much needed repairs in the tenanted shop
