INDUMATI MARKANDRAY TRIVEDI Vs. JHALA UMEDSINHJI MERUBHABHAI

JUDGEMENT

(1.) The present appeal by special leave raises two questions:(1) whether the expenses incurred by the tenant on repairs of the tenanted premises can be deducted from or adjusted towards the rent due to the landlord despite the claim for recovery having become barred by time; and (2) whether the period of limitation in the present case for the adjustment of the amount spent on repairs towards the rent due will be three or six years

(2.) The appellant is admittedly the owner of the residential house in dispute and the respondent is her tenant of the said premises on a monthly rent of Rs. 20 - As the tenant-respondent had fallen in arrears of rent for more than six months the appellant served a notice of demand but on failure of the tenant to clear the arrears the appellant terminated his tenancy and filed a suit for his eviction and for recovery of arrears of rent. The suit was resisted by the tenant-respondent on grounds inter alia that he had spent a substantial a mount on repairs of the tenanted premises and if the same was adjusted towards the rent due, the arrears of rent were not for more than six months and, therefore, the. suit for eviction on the ground of default was not maintainable.

(3.) The trial court came to the conclusion that the entire amount spent by the tenant-respondent on repairs could not be adjusted towards the rent due as a substantial part of it was spent on repairs without any notice to the landlord. In respect of the part of the expenses incurred towards repairs the court held that as the claim for recovery of the said amount was barred by three years' rule of limitation, that amount also could not be adjusted towards the rent due to the landlord. In this view of the matter the tenant was in arrears of rent for more than a period of six months. Consequently he was liable to be evicted for default and the court passed a decree in favour of the plaintiff-appellant. On appeal the appellate court substantially confirmed the judgment and decree of the trial court.