Rent Controller Cannot Call Upon Landlord To Carry Out Repairs Of Tenanted Premises Under Delhi Rent Control Act
Case: Baba Rahim Ali Shah & Anr. V. Sh. Atul Kumar Garg
Coram: Justice C Hari Shankar
Case No.: CM(M) 592/2022
Court Observation: “There is, therefore, no provision in Section 44 of the DRC Act, or elsewhere in the DRC Act, whereby the Rent Controller can call upon the landlord to carry out repairs of the tenanted premises. He may permit the tenant to carry out repairs under Section 44(3) if, after receipt of notice from the tenant in that regard, the landlord fails to repair the premises.”
“As already noticed hereinabove, the DRC Act does not empower the Rent Controller to direct the landlord to repair the tenanted premises. Even, the alternative prayer B in the suit is for a direction to the landlord to allow the tenant to repair the suit premises. The Rent Controller is not empowered under the DRC Act to give any such direction to the landlord. The remaining prayers in the suit are clearly outside the jurisdiction of the Rent Controller,”
“In view of the aforesaid, I do not find that the impugned order passed by the learned ADJ suffers from any jurisdictional error or is, even otherwise, legally vulnerable, so as to justify interference under Article 227 of the Constitution of India,”
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