repairs
might have been consistently carried ,out or structural
repairs might have recently been carried out than the one in
which no such repairs, tenantable ... means that it is the obligation of the
tenant to keep the premises in tenantable
271
repairs. It is, however, true that
alteration or reerection of any part of the
building except tenantable repairs:
Provided that no lowering of plinth, foundation or floor
in a building ... shall be permitted.
Explanation. "Tenantable repairs" in this section shall
mean, only,
(i) providing guniting to the structural members or
walls;
(ii) plastering
demised premises
in good and habitable condition, tenantable, repair, execute
all repairs including annual white washing, repairs of
electric and sanitary fittings ... tenantable, repair execute
all repairs including annual white washing,
repairs of electric and sanitary fittings etc., at
the lessee's expenses. Major repairs such
contrary by the tenant, every landlord shall be bound to keep the premises in good and tenantable repair.
(2) If the landlord neglects to make ... object of sub-section (2) is to enable the tenant to carry out tenantable repairs which the landlord has failed to carry out which
tenanted
premies or to the said building the following course of action
is provided :-
i. The tenant or tenants jointly interested in such repairs
shall ... tenanted premises in good
and tenantable condition and it is very important to note that the
landlord obstructed the tenant when the tenant was repairing
landlord (without
entitlement to pass on to tenants)
therefore:
Entire cost of "tenantable" repairs
U/s 23, which if the landlord does ... landlord
(section 23): From 1.10.1987 upto
date, the tenant is permitted to
carry out " tenantable repairs" and
recover the entire cost with
interest
lets it to any tenant
other than the tenant evicted from it, the tenant who has
been evicted may apply to the Controller ... carried
out without evicting the tenant from the building or while
the tenant remained in occupation. If the repairs could be
carried out without disturbing
section, the expression 'repairs' means any repairs required for the purpose of keeping premises in good and tenantable repair, and any premises ... building after notice by the tenant and (2) permission by the House Rent Controller to the tenant to make repairs after the landlord had committed
obligation on every landlord to keep the tenanted premises in good and tenantable repair. However, if he neglects to do so, a tenant may carry ... carry out repairs and thereby compel his tenant to vacate the tenanted premises, since the tenant would be without an effective or meaningful remedy. Surely
lease which cast an obligation on the tenant to keep the property in tenantable repair and for that purpose to carry out the necessary repairs ... tenant and it ought to have been held that the said Clause imposed an obligation or duty on the tenant to carry out repairs necessary
