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1963 Supreme(Ker) 258

C.A.VAIDIALINGAM
RAMACHANDRA SHENOI – Appellant
Versus
TAHSILDAR AND ACCOMMODATION CONTROLLER, ERNAKULAM – Respondent


Judgment :-

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 direc





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