16. Landlord's responsibility

(1) Every landlord shall carry out the repairs which he is bound, under any law, contract of custom, to make to a building in possession of a tenant,

Explanation in this sub-section, "repairs" include annual white-washing, re-coloring and periodical repairs.

(2) If the landlord fails to carry out white-washing once in every year, re-Colouring once in three years and periodical repairs, which he is bound to make the tenant may by notice, require him to Carry out the same within One month from that date of service of the notice, and, on the landlord's failure to do so within the said period, the tenant may himself carry out the same at a cost not exceeding one month's rent for the building and deduct such cost from the rent

(3) If the landlord neglects to carry out repairs, Other than those referred in sub-section (1), which he is bound to make, the Controller shall, on an application by the tenant, which shall specify the approximate Cost of such repairs, cause a notice to be served on the landlord to appear and show Cause, within such time at may be fixed in the notice.

(4) If the landlord does not appear in obedience to the notice or he appears but fail to satisfy the Controller as to why he should not be directed to Carry out the repairs of such of them as he finds the landlord is bound to make, the Controller shall after making such further inquiry as may be necessary, direct him to carry out the same within a time to be fixed, and on the landlord's failure to comply with such direction, the Controller may permit the tenant to carry out such repairs at a cost not exceeding such amount as may be specified in the order and to recover such cost from the landlord It shall, thereafter, be lawful for the tenant to carry out such repairs and to deduct the cost thereof from the rent or recover it otherwise from the landlord as it were a debt due to him by the landlord.

Provided that it, the Controller is satisfied that the repairs involved were due to the negligence of the tenant, he will order the tenant to make such repairs and the cost d repair shall be become by the tenant and the same shall not be recoverable from the landlord by deduction from the rent

17. Landlord not to interfere with amenities enjoyed by the tenant

(1) No landlord shall, without just or sufficient cause cut off of withhold any of the amenities enjoyed by the tenant

(2) A tenant in possession of a building may, the landlord has contravened the provisions of sub-section (1) make an application to the Controller complaining of such contravention and may restore any d the amenities on his own responsibility, pending consideration a his application by the Controller.

(3) the controller on enquiry is satisfied that the landlord has without just or sufficient cause cut off or withhold any a the amenities enjoyed by the tenant at he time of the commencement of the tenancy or at any time thereafter, he shall

(i) in case such amenity has already been restored by the tenant make an order directing the landlord to pay to the tenant the cost of such restoration as determined by him within such time as may be specified in the order; and

(ii) in any other case, direct the landlord to restore such amenity at such cost nd within such time as may be determined by him and also that in case t e landlord fails to do so, the amenity may be restored by the tenant at is own cost and such amount as may be specified in the order may be recovered by the tenant as the cost of restoration either by adjustment towards the rent payable by him or as if the amount were a debt due to him by the landlord.

Explanation: In this section, "amenities" include supply of water, electricity, electricity lights in passages and on staircases, lifts and conservancy or sanitary services. 

18. Duties of tenant

(1) Every tenant shall be bound to keep the building in good and tenantable repairs in relation to water taps, water closets, bath tubs, geysers, kitchen fixtures, minor electric equipment, glass panel for doors and windows and other minor repairable items etc.

(2) Where any repairs, in relation to a matter falling under Sub-section (1), without which the building is not habitable or useable and the tenant neglects or fails to make them within a period of two months after notice in writing, the landlord may apply to the Controller for permission to make such repairs himself and may submit to the Controller an estimate of the cost of Such repairs, and, thereupon the Controller may, after giving the tenant an opportunity of being heard and after considering such estimate of the cost and making Such enquiries as he may consider necessary, by an order in writing, permit the landlord to make Such repairs at such cost as may be specified in the order, and it shall thereafter be lawful for the landlord to make such repairs himself and to recover the cost of such repairs, which shall in no case exceed the amount so specified, from the tenant.

(3) The tenant shall make good all damages caused to the premises by his negligence within three months of being informed in writing to do so by the landlord failing which the landlord may apply to the Controller for permission to make good the said damages and the Controller shall decide the matter in the manner provided in sub-section (2).

(4) The tenant shall hand over possession of the building on termination of tenancy in the same condition, except for the normal wear and tear, as it was when handed over to him at the beginning of such tenancy and in a case where certain damages have been caused, not being damages caused by force majeure, the tenant shall make good the damages caused to the building failing which landlord may apply to the Controller for permission to make good the Said damages and the Controller shall decide the matter in the manner provided in sub-section (2).

(5) The tenant shall not, whether during the subsistence of tenancy or thereafter, demolish any improvement or alteration carried out by him in the building or remove any material used in such improvement or alteration, other than any fixture of a removable nature, without the permission of the landlord failing which such demolition or alteration shall 'be deemed to be a damage caused by such tenant under sub-section (3) and shall be dealt with accordingly.