NIRANJAN MOHANALAL KAPADIA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In a deadlock between a landlord and the tenants, the Repaid Board, a statutory body, cannot be prevented from carrying out its statutory duty and obligation cast on it by the Maharashtra Housing and Area Development Act, 1976 to carry out repairs of building within its purview. Such is the ratio of this judgment.

(2.) Who shall carry out the repairs to the appellants building ? Shall it be the landlord- appellants or the respondent-tenants or the Repaid Board ? Such is the gravamen on which this appeal filed by the landlords revolves.

(3.) Indisputably the building owned by the appellants is in a ruinous condition, constructed as it was nearly 70 years ago. It is situate in the busy Kalbadevi Locality. The building in its present condition is a danger to life and safety. Indisputably it requires immediate repairs. By consent of parties we took on record 28 photographs of the building produced by the appellants learned Counsel Mr. Shroff. They have to be seen to guage the dilapidation and the immediate urgency of carrying out repairs on a war footing. If this building has so far not collapsed, it must be attributed to the inscrutable ways of providence.