LAWS(KER)-1963-10-29

RAMACHANDRA SHENOI Vs. TAHSILDAR AND ACCOMMODATION CONTROLLER ERNAKULAM

Decided On October 23, 1963
RAMACHANDRA SHENOI Appellant
V/S
TAHSILDAR AND ACCOMMODATION CONTROLLER, ERNAKULAM Respondents

JUDGEMENT

(1.) IN this writ petition Mr. V. Rama Shenoi, learned counsel for the petitioner, who is the landlord of the premises in question, challenges the order of the Accommodation Controller, Ex. P 7.

(2.) THE 2nd respondent in these proceedings, who is the tenant of the premises and who is represented by learned counsel Mr. T. M. Mahalinga Iyer, appears to have invoked the jurisdiction of the Accommodation controller under S. 17 (2) of the Kerala Buildings (Lease and Rent Control) Act, 1959 (Act XVI of 1959), as amended by Act 29 of 1961. Under that section, it will be seen that a landlord is bound to attend to the periodical maintenance and necessary repairs of the building. That section also provides that if a landlord fails to attend to such maintenance or repairs to the building and amenities thereto, within a reasonable time after notice is given by the tenant, it shall be competent for the Accommodation Controller, when so invited by the tenant, to permit the tenant himself to effect the necessary repairs and also to direct that the cost thereof may be deducted with interest at 6 per cent per annum from the rent which is payable by him. In this case that is exactly the direction that his been given in favour of the 2nd respondent by the Accommodation Controller.

(3.) THEREFORE, without in any manner going into the merits of the claim that appears to have been made by the 2nd respondent in the application filed by him before the Accommodation Controller under S. 17 (3), which is a matter which exclusively arises for consideration by that authority, and also without expressing any opinion on the stand that has been taken by the petitioner in these proceedings, which is again a matter which has to be decided by the Rent Controller, the order under attack, namely Ext. P-7, will have to be set aside and the Accommodation Controller directed to follow the procedure indicated in R. 13 of the rules referred to above, before finally adjudicating one way or the other on the points arising for consideration in these proceedings.