JUDGMENT V.D. Bhargava, J. - This is an application u/s 115 of the CPC against an order u/s 7E of the UP Control of Rent and Eviction Act. 2. The tenant filed an application that there were certain repairs needed in the house which the Defendant-landlord had not made. The defence was that there was no liability on the Plaintiff to do all these repairs, nor was there any agreement or custom by virtue of which he was bound to make these repairs. The learned Munsif came to the conclusion that since the Defendant had made repairs once or twice, he was bound to make the repairs. In the repairs that he has ordered are-fitting a gate to the garage, repairs of the soak-pit and flush latrine, fixing of glass-panes in all the doors and windows and repairing of the roofs of the kitchen and the godown which were leaking. 3. So far as the gate is concerned, it was not the case of the Plaintiff that there were gates fixed to the garage which were broken but he wanted new gates to be fixed. A reading of S. 7E makes it quite clear that it is not incumbent upon the landlord to make any new constructions or additions. He is, u/s 7E of the Act "bound to keep the accommodation in the occupation of a tenant wind-proof and water-proof and to carry out other repairs which he is bound to make by law, contract or custom." The word used is "keep". The relevant meaning which will be applicable to the facts of the present case, according to Oxford English Dictionary, is "to lake care, to maintain in proper order and to preserve in being or operation." Thus the meaning of the words "to keep" appears to me to be that he will maintain it in the condition in which it was originally let out to him. If a person takes a house without doors or verandah on rent, he cannot later on ask the landlord to fix doors and windows or to make a construction all round the verandah so that the verandah may become wind proof. Here, the garage had no gate and, therefore, fixing a gate would not be keeping the garage or maintaining it in the condition in which it was let out. It would be adding a something new to it. 4.
Here, the garage had no gate and, therefore, fixing a gate would not be keeping the garage or maintaining it in the condition in which it was let out. It would be adding a something new to it. 4. The words further used in the section are that the landlord shall be bound...."to carry out other repairs". It means that 'keeping an accommodation, in the occupation of the tenant, wind-proof or waterproof,' is also a kind of repair otherwise there was no sense in using the words "other repairs". First portion of the section means that they are one kind of repairs while there are different kinds of repairs under the second portion. The difference between the two is that in the first case it is obligatory on the landlord but in the case of the other, the liability can only be enforced if it had been under some law, custom or contract. In the circumstances I think that there was no liability on the landlord to fix a gate and that portion of the order of the learned Munsif was without jurisdiction. 5. The other repair which has been ordered is about the soak pit. That again will not come under the first portion of the repairs. Repairing the pit will not make it wind-proof or water-proof. Unless it can be specifically proved that there was a contract or a custom by which the landlord was bound to repair the soak-pit he has no liability under the law to repair it. 6. As regards the repairing of the roofs of the kitchen and the godown, which are leaking, I think it was the duty of the landlord to repair. As regards the fixing of glass panes in all the doors and windows, it has been urged that the doors and windows had no glasspanes oven at the time when the tenancy started. The doors and windows had once upon a time glass panes and the room cannot be kept wind-proof and water-proof without there being glass-panes. So far as the fixing of glass-panes or window-panes is concerned, I think the court was justified in passing the order.
The doors and windows had once upon a time glass panes and the room cannot be kept wind-proof and water-proof without there being glass-panes. So far as the fixing of glass-panes or window-panes is concerned, I think the court was justified in passing the order. Therefore, I modify and set aside the order of the learned Munsif so far as the repairs of the garage and soak-pit are concerned but maintain his order as regards the glass-panes, roofs of the kitchen and the godown and jali doors in the kitchen. 7. With the above modification, the revision is thus partly allowed, but, in the circumstances of the case, I make no order as to costs.