( 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,". . . . . ;that the leaky roof must be repaired. Damaged iron rafters must be replaced by good ones and the minor portions of the roof which are likely to collapse should be replaced by way of renewal. Thus, in conclusion I think that the landlord is boundl to make repairs to items Nos. 1, 2, 3, 4, 5 and 7 of the inspector's report marked Ex I and these items will come within the purview of Section 38 (3) of the Act,"the principal argument advanced on behalf of the petitioner in support of the Rule is that under Section 38, Sub-sections (1) and (2) only "repairs" can be directed to be made by the Rent Controller. No reconstruction or fresh construction can be directed to be put up. Further, the directions which the Rent Controller can issue under Sub-section (3) of Section 38 of the Act also cannot be in the nature of requisitions for demolition and fresh construction.

( 2 ) THE direction give