ignoring the amount adjusted by the petitioner-tenant towards the
expenditure by the tenant on repairing suit premises which has
resulted into miscarriage of justice ... arrears of rent was illegally deducted /
adjusted as the alleged tenanted repair was without prior approval /
sanction of the landlord. Even at the time
condition of the tenanted premises is deteriorated as the roof of the tenanted
premises is in a state of half repaired and there ... landlord
not to interfere in the repairing work of the premises, if the repairing is
being done by tenant with his own cost
inspect the tenanted premises wherefrom, it can be presumed, that
neither the tenanted premises are damaged nor, the same require any
repairs.
Petition ... tenanted
premises. The respondent being a landlady had every right to inspect
the tenanted premises. Furthermore, she was required to inspect the
tenanted premises
with the consent
of the landlords, repairs were effected and by reason of the repairs effected by
the tenant, the utility of the building ... whether the tenant has committed the act of waste and when
the tenant has alleged that he has done repairs with the consent
repairs relating to integrity of the property and the landlord had
failed to carry out the repairs in spite of notice, the tenant would ... entitled to carry out such repairs. If the tenant's activity is at any time
objected by the landlord on the ground that under
Laxmi Sadan" along with 25 tenants in the said property.
Respondent No.2 is one of the tenants, occupying flat No. 17. In
November ... through an architect for carrying
out tenanted repairs. The BMC granted permission. The Heritage
Committee also granted N.O.C. for carrying out the renovation
suit properties were also maintained and kept in good and tenantable repairs from out of such contributions. While so, a part of the ancestral properties
such consent has been given by the landlord to the tenant for effecting repairs and to adjust the expenditure for the future rent, it should ... cannot obviously apply to a case where a tenant has made the repairs without taking the requisite permission and for getting an order from
tenant.
3. According to the landlord, the tenant is liable to
pay arrears of rent at the rate of 400/-. But according to
the tenant ... repairs were undertaken by her. The
Rent Control Court concluded that the landlord himself made
the repairs and that was the reason why the tenant
failure of the lessee to keep the premises
in tenantable repair. On the second ground,
apart from the fact that the lessee has not
questioned ... possession, would
point to the neglect in keeping the premises
in tenantable repair.
17. In view of this Civil Revision
Application has no merit
