Law: Karachi Rent Restriction Act, 1953

Section: S. 6 read with Ss. 2 (2) (c), 2 t4), 10 & 26

(a) Karachi Rent Restriction Act (VIII of 1953), S. 6 read with Ss. 2 (2) (c), 2 t4), 10 & 26 - Repairs - Responsibility of landlord-Terms of lease cannot shift responsibility to tenant --Discretion of Rent Controller to grant or refuse permission --Tenant's right to get repairs done not limited to buildings constructed after 15-8-1947-Right not dependent on fixation, first, of `fair rent"-Transfer of Property Act (IV of 1882), S. 108.   Per Inamullah, J. (agreeing with Wahiduddin, J.)-The Rent Restriction Act is a special enactment. The provisions of the enactment would have force in spite of any agreement.   There is only one qualification on the right of the tenant to make the repairs. This right is subject to the previous permission of the Rent Controller. The Rent Controller, however, having power to grant permission, has also power to refuse the same. The tenant, in other words, cannot claim absolute right to carry out the repairs under section 6 of the Act. It is open to the Rent Controller under certain circumstances to honour the agreement between the landlord and tenant which fixes the liability to repairs on the tenant and refuse to grant permission to repair. It is a question of discretion with the Rent Controller which has no doubt to be exercised judicially whether to grant or refuse permission to repairs.   The right of the tenant to repair cannot be limited to buildings which have come into existence after the 15th of August 1947. This would be against the spirit of the Act. The object is to confer a general right on the tenants subject to certain conditions to repair the premises in their occupation. If the object of the Legislature was to limit this right to buildings which were constructed after the 15th August 1947, it would have been so mentioned.   There is no indication in the section to limit the right of the tenant to buildings whose fair rent had been fixed. Clause (c) of subsection (2) of section 2. of the Act has to be referred only for the determination of the "total cost" of construction and not for anything else. Sub-clause (a) to section 6 of the Act does not make any reference to…