2014 ORDER
3. The appellant-tenant is permitted to
carry out tenantable repairing work
necessary for survival of students in
the suit premises. The Appellant ... outer side of
the suit premises.
5. After completion of the tenantable
repairing work, the appellant is ordered
to produce ten photographs, out of which
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
February, 2014, and issued direction inter alia
allowing the tenant to carry out the tenantable
repairing work after obtaining certificate from the
Municipal Corporation ... before the Appellate Bench, was upon an
application of the tenant for permitting tenantable
repairs. Learned advocate for the respondent was not
in position
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 ... rains or other external cause has
been held to be tenantable repair.
(v) Prond Feat vs. Hard (1890) 25 QBD 42 -
Replacement of any part
landlord shall be bound to keep the premises
in good and tenantable repairs.
(2) If the landlord neglects or fails to make, within a
reasonable ... controller, and
the tenant agrees to bear the excess cost himself,the Controller
may permit the tenant to make such repairs."
33. Section
Ashwani, a sub tenant, in collusion with the tenant/respondent herein has
already got the shop repaired and raised the ground level and shutter ... Controller, and the tenant agrees
to bear the excess cost himself, the Controller
may permit the tenant to make such repairs
impunged judgment is not clear as to
what type of repair the tenant has been allowed to carry
out. Therefore, I am of the view ... good and tenantable repairs. It further provides that if the
landlord neglects or fails to make a necessary repairs, the tenant has
a right
landlord shall be bound to keep the premises in good and tenantable repairs.
(2) If the landlord neglects or fails to make, within a reasonable ... repair work themselves at their own costs. In these circumstances, I find no reason to dis
allow the petitioner to carry out repairs of tenanted
beyond any repairs and it
requires immediate demolition and reconstruction. However, PW1 had
admitted that whenever repair work is necessary the tenants are making
repairs ... need not give undertaking
to re-deliver the building to the tenant after repairs. It was inter alia held
on
facts that the requirement
which provides that a tenant who makes unauthorized additions and
alternations to a tenanted premises will be liable to be evicted when the
CMM 1184 ... which states that eviction is not
ordered if a tenant repairs the damage caused to the tenanted premises to the
satisfaction of the Controller
