Landlord’s duty to keep the building or rented land ill good repairs

(l) Every landlord shall be bound to keep the building or rented land in good and tenantable repairs. (2) If the landlord neglects or fails to make, within a reasonable time after receiving a notice in writing, any repairs which he is bound to make under sub-section (1), the tenant may make the same himself and deduct the expenses of such repairs from the rent or otherwise recover them from the landlord: Provided that the amount so deducted or recoverable in any year shall not exceed one-twelfth of the rent payable by the tenant for that year. (3) Where any repairs without which the building or rented land is no longer habitable or useable, except with undue inconvenience, are to be made and the landlord neglects or fails to make them after receiving notice in writing, the tenant may apply to the Controller for permi5sion to get such repairs done on his own and may submit to the Controller an estimate of the cost of such repairs, and thereupon the Controller may after giving the landlord an opportunity of being heard and after considering such estimate of the cost and making such inquiries as he may consider necessary, by an order in writing, permit the tenant to make such repairs at such cost as may be specified in the order and it shall thereafter be lawful for the tenant to get such repairs done on his own and to deduct the cost thereof from the rent, which shall in no case exceed the amount so specified or otherwise recover it from the landlord : Provided that the amount so deducted or recoverable in any year shall not exceed 3 months' rent payable by the tenant: Provided further that if any repairs not covered by the said amount are necessary in the opinion of the Controller and the tenant agrees to bear the excess cost himself, the Controller may permit the tenant to make such repairs. In any application or proceeding pending before the Controller or the appellate authority as the case may be, if he thinks fit to do so for the purpose of elucidating any matter in dispute or for determining the fair rent of any building or rented land, inspect either personally or through a Commissioner, any such building or rented land.