KANOTH BHASKARAN Vs. T.V. BALAN

JUDGEMENT

(1.) LANDLORD is the writ petitioner. First respondent tenant filed an application under Section 17(2) of the Kerala Buildings (Lease and Rent Control) Act complaining that the landlord is not carrying out the periodical repairs and maintenance to the building though the same was requested by the tenant. Accommodation Controller referred the matter to the Village Officer, Edakkad for verification and report. Village Officer pointed out that the tenant is conducting business in the petition schedule building EP.XII/195, 196 of Edakkad Panchayat and that the building requires urgent repairs especially due to ensuing monsoon season. Accommodation Controller directed the landlord to carry out the repair and maintenance to the building within 15 days from the receipt of the said order. It was further ordered that on failure to carry out the said work within the stipulated time the tenant could repair the building at his own cost and the same could be adjusted towards rent of future months payable to the landlord.

(2.) LANDLORD aggrieved by the order of the Accommodation Controller filed a review petition under Section 23(1)(k) of the Kerala Buildings (Lease and Rent Control) Act. It was pointed out that though the Village Officer had filed his report on 26.02.2002 no opportunity was given to file objection to the said report and without hearing him the impugned order was passed. Further it was also stated in the review petition that the tenant had not complied with the mandatory condition of giving notice to the landlord before filing petition before the Accommodation Controller. Accommodation Controller without perusing any of the objections raised by the petitioner dismissed the review petition by order dated 03.07.2002. Aggrieved by the same this writ petition has been filed.

(3.) WE may examine the context in which the expression "notice" has been used in Section 17(2). Counsel for the tenant submitted wherever written notice is required the statute has provided so. Reference was made to proviso to Section 11(2)(b) and also proviso to Section 11(4)(i). Counsel submitted since Section 17(2) does not contemplate written notice but only used the expression "notice" no written notice is contemplated. We are of the view every word has to be understood in its context in which it is used. Legislature has not stated that notice should be either oral or written. In Legal Thesaurus, Deluxe Edition by William C. Burton the meaning of the word notice is bulletin, circular, memorandum, notification, report, communication etc. Word "notice" itself would reveal a circular, a report, statement etc. In other words, in certain context the word notice can be treated as written or oral. We may examine as far as Section 17(2) of the Act is concerned whether the notice contemplated is either written or oral. An expression in a statute is controlled by its context, by the scheme of the statute and the object which the enactment seeks to achieve. It is the duty of the court not to confine itself to the mere verbal or literary effect of the provisions, as if applied to an abstract subject. A statutory obligation is cast on the landlord to carry out periodical maintenance and necessary repairs to the building. On failure to discharge his obligation, landlord has to be told about the maintenance required and repairs and the amenities thereto to be provided. Landlord should be given a reasonable time for attending to the maintenance and carry out necessary repairs. The consequence of not carrying of necessary repairs would enable the tenant to approach the Accommodation Controller for permission to carry out necessary maintenance and repairs. Accommodation Controller therefore could direct the tenant to attend the maintenance and repairs required and pass an order permitting the tenant to deduct the charges and costs thereof with interest at six per cent annum from the rent payable. We are of the view the word "notice" has been used in Section 17(2) to mean either written or oral. But is would be more advantageous and advisable that a written notice is given. We find in several cases dispute has been raised by the landlord of non-receipt of notice while tenant maintains the stand that he had given notice orally. Then the burden is on the tenant to show that he has given notice and discharging that burden will not be easy. If the tenant wants to carry out necessary repairs or maintenance he should give a notice and give reasonable time to the landlord, failing which he could make an application before the Accommodation Controller.