Section 23 of the Act definitely imposes a duty on the landlord to keep the premises in a good condition. He is, therefore, under an obligation to make necessary repairs. But, in case of failure to keep the premises in good condition, there must be a notice or intimation by the tenant to point but the necessity of any such urgent repairs. If there is no such notice issued and the tenant on his own, unilaterally contract without written intimation and permission of the landlord, such unauthorised permanent construction, in that case, definitely falls within the clutches of the mandate of Section 13(1)(b) read with Section 23 of the Act. This breach, therefore, raises no doubt that the landlord, in such circumstances, is entitled to claim possession of the premises [Shadisingh (supra)]. As rightly painted out and as observed by the Courts below that the tenant had no right to get the premises altered or reconstructed in such fashion. There is no such provision available under the Bombay Rent Act which compels the landlord to reconstruct or rebuild in each and every circumstances, except to keep the premises in good tenantable repair. The tenant cannot unauthorisedly make permanent construct ion without written permission from the land lord.
IN THE HIGH COURT OF BOMBAY
Writ Petition No. 3866 of 1991
Decided On: 08.08.2005
Najama Gulab Bagwan Vs. Laxmibai
Hon'ble Judges/Coram:
Anoop V. Mohta, J.
Citation: 2006(1) MHLJ 273, 2006(3) BomCR 474
