CRA.18-10 - 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION No. 18 OF 2010 Mahendra Nathmal Chaudhari .. Applicant Vs. Hasmukh Thakarsi Kapuria ..Respondent Ms. Anulata Saudamkar h/f Ms. Gauri Godse, for the Applicant. Mr. L. H. Belindge, for the Respondent. CORAM : R. C. CHAVAN, J. DATED : JULY 29, 2010. P.C. : 1. This revision is directed against the order passed by the learned trial Judge, rejecting the applicant’s objection in respect of maintainability of application under Section 14 of the Maharashtra Rent Act, 1999, which reads as under- “14. Landlord’s duty to keep premises in good repair. (1) Notwithstanding anything contained in any law for the time being in force and in the absence of an agreement to the contrary by the tenant, every landlord shall be bound to keep the premises in good and tenantable repair. CRA.18-10 - 2 - (2) If the landlord neglects to make any repairs, which he is bound to make under sub-section (1), within a reasonable time after a notice of fifteen days is served upon him by post or in any other manner by a tenant or jointly by tenants interested in such repairs, such tenant or tenants may themselves make the same and deduct the expenses of such repairs from the rent or otherwise recover them from the landlord: . Provided that, where the repairs are jointly made by the tenants the amount to be deducted or recovered with interest by each tenant shall bear the same proportion as the rent payable by him in respect of his premises bears to the total amount of the expenses incurred for such repairs together with simple interest at fifteen per cent per annum on such amount: . Provided that, the amount so deducted or recoverable in any year shall not exceed one-fourth of the rent payable by the tenant for that year. (3) For the purposes of calculating the expenses of the repairs made under sub-section (2), the accounts together with the vouchers maintained by the tenants shall be conclusive evidence of such expenditure and shall be binding on the landlord.” 2. It may be seen that it contemplates that the tenant may, within a reasonable time after a notice of fifteen days is served upon the CRA.18-10 - 3 - landlord, make the repairs and deduct the expenses of such repairs from the rent or otherwise recover them from the landlord, if the landlord does not carry out necessary repairs. There is no question of applying to the Court under section 14 of the Act for obtaining orders of the Court to carry out repairs. The learned counsel for the respondent has not been able to show as to how such an application is tenable. Therefore, the learned trial Judge was obviously in error in rejecting the preliminary objection raised by the landlord. In any case, the landlord himself is ready to carry out necessary repairs and put the tenement in tenantable repairs within a period of 8 weeks. This submission is made by the learned counsel on instructions of her client, who is personally present, who confirms the same. In view of this, revision is allowed. Impugned order is quashed and set aside. The application pending before the trial Court being Misc. Application No. 101 of 2005 is disposed of. 3. The learned counsel for the respondent/tenant states that his client would not obstruct the landlord from carrying out the repairs and will fully cooperated for the same. Sd/- [R. C. CHAVAN, J.]