SOORAJMALL NAGARMALL Vs. INDIAN NATIONAL DRUG CO LTD

JUDGEMENT

(1.) This Rule was obtained by the landlord against an order passed by the Additional Rent Controller on an application filed by the tenant under Section 38, West Bengal Premises Rent Control (Temporary Provisions) Act, 1950. The Additional Rent Controller has directed,

(2.) The direction given by the Rent Controller is not contested before me so far as items Nos. 4, 5 and 7 are concerned. The objection raised refers to items Nos. 1, 2 and 3 of the inspector's report. They are held by the Additional Rent Controller to be repairs or measures coming under Sub-section (3) of Section 38 without which the premises cannot be habitable or usable except with great inconvenience,

(3.) Under Sub-section (3) of Section 38 the premises must be kept "wind and water-tight." As to what is the implication of the provision may be explained with reference to Stroud's Judicial Dictionary, Third Edn, Volume 4, p. 3312 where 'it is observed that where the obligation is on the part of a tenant to keep his tenement "wind and water tight" it "ought to be construed strictly in favour of the tenant. To put an example, it would seem that the broken glass of windows need not be replaced by new glass, but that an exclusion of wet by boards or other unsightly modes would be sufficient." The same test may be applied on such party as may be responsible to keep the premises "wind and water tight".