Section 28: Enforcement of landlord’s obligation regarding repairs etc

(1) If the landlord fails to carry out white-washing or repairs as required by sub-section (2) of section 26, the tenant may, by notice in writing, call upon him to carry out the same within one month from the date of service of such notice.

(2) Where the cost of the requisite white-washing or repairs is likely to exceed the amount of [two months rent]¹ in a year, then the tenant in his notice shall also intimate to the landlord his willingness to pay enhanced rent in accordance with the provisions of section 6.

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(3) If the landlord fails to comply with the notice, the tenant may himself carry out the white-washing or repairs at a cost not exceeding [two month's rent]³ in a year and deduct the amount from the rent, and in any such case he shall furnish the account of the expenditure incurred to the landlord.

(4) Where the tenant claims that the building requires whit-washing or repairs to such extent that the cost thereof is likely to exceed the amount of [two month's rent]⁴in a year, hereinafter in this section referred to as "major repairs", and the landlord either declines his responsibility to carry out the same or fails to comply with the notice, the tenant may apply to the prescribed authority for an order under sub-section (5).

(5) The prescribed authority on receiving an application under sub-section (4) may, after giving an opportunity of hearing to the parties-

(a) either reject the application; or

(b) require the landlord to carry out the requisite major re-pairs within such period as may be specified in the order, and on his failure to do so, permit the tenant to carry out those repairs at a cost not exceeding such amount (which shall not be more than the amount of two years rent) and within such period as may be specified in the order.

(6) Where in pursuance of an order under sub-section (5) any major repairs are carried out by the tenant, he shall furnish an account of the expenditure to the prescribed authority, which shall certify the amount recoverable by the tenant, and thereupon such amount, unless paid or otherwise adjusted by the landlord, may be deducted by the tenant from the rent in monthly installments not exceeding twenty-five per cent of one month's rent, and in any such case, the enhancement of rent under section 6 shall come into effect only from the month following the month in which the cost is fully recovered by the tenant.

(7) No appeal or revision shall lie from any order of the prescribed authority under sub-section (5) or sub-section (6), which shall be final.