AJUDHIYA PRASAD SHYAMLAL Vs. BHASKARRAO HARISHCHANDRARAO

JUDGEMENT

(1.) THIS revision arises out of a Small Cause suit, the facts of which are that the landlord brought a suit for the recovery of rent. The Defendant did not dispute the amount or rent but submitted a counter -claim for Rs. 50 on the ground that he had made some repairs and he wanted this amount to be deducted from the amount due. The trial Court decreed the Plaintiff's suit but rejected the cross -claim of the Defendant. Against this order, the Defendant has filed this revision and the contention put forward on behalf of the Defendant is that the expenses of repairs which he had incurred must be paid by the landlord.

(2.) IF the lessor neglects to make, within a reasonable time after notice, any repairs which he is bound to make to the property, the lessee may make the same himself, and deduct the expense of such repairs with interest from the rent, or otherwise recover it from the lessor.