EXAMINATION-IN-CHIEF OF PW-1

 

Before the Learned Rent Controller, Calcutta

Alipore Judges’ Court, Alipore, Kolkata – 700027

 

Application no. 5/ 35/ of 2021

 

In the matter of :

 

Shri Inder Chand Agarwala

Son of Late Sova Chand Agarwala, of premises being no. 1, Tarpan Ghat Road, Post Office & Police Station – Behala, Kolkata – 700 053, District – South 24 Parganas.

     ...........Tenant/ Petitioner

-Versus-

Police Station : Behala

1)   Sarbati Devi Agarwala Estate, having its Office at Premises being no. 1, Tarpan Ghat Road, Post Office and Police Station – Behala, Kolkata – 700 053, District – South 24 Parganas.

 

2)   Misri Devi Agarwala Estate, having its Office at Premises being no. 7, Rajani Sen Road, Kolkata – 700 026

 

..............Landlords / Respondents

 

EXAMINATION-IN-CHIEF OF PW-1

 

Name: Shri Inder Chand Agarwala
Father’s Name : Late Sova Chand Agarwala

Age: 88 Years
Occupation: Business
Address: Premises No. 1, Tarpan Ghat Road, P.O. & P.S. – Behala, Kolkata-700053, District South 24-Parganas.

 

AFFIDAVIT

 

I, Inder Chand Agarwala, Son of Late Sova Chand Agarwala, aged about 88 years, by faith Hindu, by Occupation Business, carrying business at premises being no. 1, Tarpan Ghat Road, Post Office & Police Station – Behala, Kolkata – 700 053, District – South 24 Parganas;

 

 

 

Do hereby solemnly affirm & says as follows;

 

1. I say that I am the petitioner in the present proceeding and I am fully acquainted with the facts and circumstances of the case. I have been a tenant under the respondents in respect of one shed described as Shed No. IX, measuring approximately 9000 sq.ft, situated at Premises No. 1, Tarpan Ghat Road, Kolkata-700053, since the year 1976. I pray that the site plan may be marked as Exhibit – A.

 

2. I say that originally the rent payable for the said tenanted premises was Rs. 400/- (Rupees Four Hundred) per month and presently the rent payable is Rs. 4,040/- per month, which I have been paying regularly and without default. The rent is paid equally to the two respondent estates as per their instructions, and they issue valid rent receipts. I pray that the said rent receipts be marked as Exhibit – B.

 

3. I say that the said tenanted premises have been used for commercial purposes since inception. Presently I am carrying on business under the name M/s Neha Enterprises, dealing in building materials including marble and sanitary fittings. I hold a valid Trade Licence issued by Kolkata Municipal Corporation for the said business. I pray that the said Trade Licence may be marked as Exhibit – C.

 

4. I say that the tenanted shed consists of covered and open areas including brick-built structures used as office rooms, storage rooms and work space. Marble cutting and related commercial activities are carried on within the premises.

 

5. I say that during the cyclone Amphan, a large tree fell upon the roof of the shed and caused substantial damage to the roof and structure. I personally bore the cost of removing the fallen tree. However, the damaged roof and structural portions were never repaired by the landlords despite repeated requests.

 

6. I say that due to the non-repair of the roof, rainwater enters the premises and stored goods are being regularly damaged, resulting in serious loss to my business. My workmen and customers are also facing difficulty and the condition of the shed is unsafe.

 

7. I say that I made several oral requests to the respondents and thereafter sent a written request dated 1st December 2020, requesting them to carry out necessary and essential repairs, but the respondents did not take any action. I pray that the said Letter to the Land Owners may be marked as Exhibit – D.

 

 

 

 

 

8. I say that on 15th December 2020, at about 10:30 A.M., the men of the respondents came to the tenanted premises, abused me in filthy language, threatened me with dire consequences and refused to undertake any repair work. I thereafter lodged a written complaint before Behala Police Station. I pray that the said Police Complaint may be marked as Exhibit – E.

 

9. I say that having no alternative remedy, I was compelled to file the present application before this Learned Court seeking directions upon the landlords to carry out the essential repairs, or in the alternative to permit me to carry out such repairs at my own cost and adjust the cost from future rent, as permitted under Section 35 of the West Bengal Premises Tenancy Act, 1997.

 

10.                I further say that in pursuance of the orders of this Learned Court, an Advocate Commissioner was appointed to inspect the tenanted premises. The Learned Advocate Commissioner visited the premises and conducted a physical inspection. The Learned Advocate Commissioner submitted a written report dated 15/01/2025, which I identify and produce before this Hon’ble Court. I pray that the said report may be marked as Exhibit – F.

 

11. I say that the Advocate Commissioner in her said report recorded factual observations confirming the present condition of the tenanted premises. As per the report;

 

“I was standing at the premises and saw / observed there was destroyed roofs shed and structure. I wandered throughout the total area thoroughly and observed there were so many brick-based pillars about 15 to 20 in number, which are now totally in a ruined destroyed condition i.e. all are in dilapidated condition, probably from this base roof shed structure was made. At present that roof shed is invisible. As a result, goods and materials are being damaged, could not be stored when due to sun ray, rain, storm, water, etc. At the present major portion is unusable condition of this suit property. Hence, there immediate restructuring is required, and also outer boundary wall, office room, staff room, entry iron and tin-based gate, all are in dilapidated conditions. Hence, repair and reconstruction are require. The entire area is under occupation of tenant/applicant.”

 

12. I submit that the said report independently corroborates the condition of the premises and the necessity of urgent repairs to ensure continued use of the tenanted premises.

 

 

 

 

 

 

 

13. I rely upon the following documents in support of my case;

 

Sl. No.	Document	marked as
1	Site Plan	Exhibit – A
2	Rent Receipts	Exhibit – B Series
3	Trade Licence	Exhibit – C
4	Letter dated 01.12.2020 to Respondents	Exhibit – D
5	Police Complaint	Exhibit – E
7	Advocate Commissioner’s Report dated 15.01.2025	Exhibit – F

 

12. I say that the repairs sought are essential, urgent and bona fide in nature and without such repairs the premises cannot be used for the intended commercial purpose and I am suffering continuous loss and hardship.

 

14. In view of the facts stated above, the documentary evidence produced, and the observations recorded by the Learned Advocate Commissioner, I state that the condition of the tenanted premises is critically damaged and unfit for regular commercial use without immediate repair. I further state that I have always been a lawful and compliant tenant and have never defaulted in rent or violated any term of tenancy. I therefore humbly pray that this Learned Court may be pleased to allow my application and direct the respondents to carry out the necessary and essential repairs forthwith, or in the alternative, permit me to undertake such repairs at my own cost with appropriate adjustment, so that I may continue my lawful business without obstruction, hardship or loss. The reliefs sought are bona fide, necessary and in the interest of justice.

 

15. The above statements are true to my knowledge and belief.

 

 

 

 

DEPONENT

Identified by me,

 

 

Advocate

Drafted & prepared in my Chamber;

 

 

Advocate

Date : ________November’ 2025

Place : Alipore Judges’ Court

N O T A R Y

WRITTEN NOTES OF ARGUMENT ON BEHALF OF THE APPLICANT / TENANT INDER CHAND AGARWALA

 

Before the Learned Rent Controller, Calcutta

Alipore Judges’ Court, Alipore, Kolkata – 700027

 

Application no. 5/ 35/ of 2021

 

In the matter of :

 

Shri Inder Chand Agarwala

Son of Late Sova Chand Agarwala, of premises being no. 1, Tarpan Ghat Road, Post Office & Police Station – Behala, Kolkata – 700 053, District – South 24 Parganas.

     ...........Tenant/ Petitioner

-Versus-

Police Station : Behala

1)   Sarbati Devi Agarwala Estate, having its Office at Premises being no. 1, Tarpan Ghat Road, Post Office and Police Station – Behala, Kolkata – 700 053, District – South 24 Parganas.

 

2)   Misri Devi Agarwala Estate, having its Office at Premises being no. 7, Rajani Sen Road, Kolkata – 700 026

 

..............Landlords / Respondents

 

WRITTEN NOTES OF ARGUMENT

ON BEHALF OF THE APPLICANT / TENANT
INDER CHAND AGARWALA

 

1.   The present written notes of argument are filed on behalf of the Applicant/Tenant, Shri Inder Chand Agarwala, in support of the application seeking necessary repair of the suit premises presently under his lawful tenancy and occupation. The application has been filed bona fide and solely to preserve the tenanted premises, prevent further deterioration, and safeguard property and business interests that are threatened due to extensive structural damage as documented by the Learned Advocate Commissioner.

 

 

 

 

2.   It is an admitted and undisputed fact on record that the Applicant is a lawful tenant in respect of the suit premises. The rent is regularly paid and accepted without objection. There is no allegation of default, eviction proceeding, or breach of tenancy obligations. Therefore, the tenancy relationship, right of occupation, and right to peaceful use of the premises remain firmly established.

 

3.   The present application arises due to the dangerous, dilapidated and unusable condition of major portions of the tenanted premises, including the roofed shed, brick pillars, boundary wall, office room, staff room and main entrance gate. The condition of the property has deteriorated to such an extent that business operation is being hampered and goods cannot be safely stored. The Applicant has been compelled to seek the intervention of this Hon’ble Court as the respondents have failed and neglected to undertake necessary repairs despite repeated verbal requests.

 

4.   The Learned Advocate Commissioner appointed by this Hon’ble Court inspected the premises and submitted a detailed report dated 15-01-2025, which fully corroborates the Applicant’s stand. The report specifically records, inter alia, as follows;

 

“I was standing at the premises and saw / observed there was destroyed roofs shed and structure. I wandered throughout the total area thoroughly and observed there were so many bricks base pillar about 15 to 20 in number, which are now totally in a ruined destroyed condition i.e. all are in dilapidated condition, probable from this base roof shed structure was made, at present that roof shed is invisible. As a result goods and materials are being damaged, could not be stored due to sun ray, rain, storm, water etc. At present, major portion is unusable condition of this suit property. Hence, immediate restructuring is required, and also outer boundary wall, office room, staff room, entry iron and tin-based gate, all are in dilapidated conditions. Hence, repair and reconstructions are required. The entire area is under occupation of tenant / applicant.”

 

This independent factual assessment clearly establishes that urgent repair is essential and unavoidable.

 

5.   Due to the extensively damaged roof structure, missing roof sheet, decayed supporting pillars, and damaged gate and boundary wall, the Applicant is unable to securely stock goods or carry out normal business activity. Exposure to rain, heat and storm is directly causing financial loss and operational obstruction. Sections of the premises have become unsafe, posing risk to persons and property. The tenancy rights include the right to safe, usable space, which is currently compromised.

 

6.   Under established legal principles governing tenancy, the landlord has an obligation to maintain the main structural integrity of the premises. Repairs essential for continued use and protection of the tenancy are the landlord's responsibility. When the premises become unhabitable or commercially unusable due to structural decay, the tenant is entitled to seek legal direction compelling the landlord to perform necessary repair works.

 

7.   This Hon’ble Court possesses inherent power to protect tenancy rights and ensure that the premises remain reasonably suitable for the purpose for which it is let out. Where the landlord refuses or fails to undertake essential repairs despite demand and documented necessity, the Court may;

 

(a)    Direct the landlord to carry out repairs within a time-bound manner;

OR

(b)    Permit the tenant to execute repairs and seek adjustment of costs from future rent or reimbursement;

 

8.   The Applicant clarifies that the prayer is not for modification, extension, reconstruction or alteration of the premises. Only essential repairs necessary to restore the premises to usable condition are sought. No new structure, enhancement or unauthorized construction is prayed for. The intention is protection—not expansion—of tenancy rights.

 

9.   The Commissioner’s findings are clear, specific, detailed, and based on physical inspection. The damage is neither theoretical nor exaggerated. The report confirms immediate need for repair to prevent further decay and business loss. There is no contrary report or objection successfully disproving these findings.

 

10.                In light of the above submissions, it is humbly prayed that this Hon’ble Court may be pleased to;

 

1.              Allow the present application;

 

2.              Direct the Respondents to carry out necessary structural repairs within a time-bound schedule;

 

3.              Alternatively, permit the Applicant to undertake such repairs at his own cost, with liberty to adjust the repair expenditure from future rent or receive reimbursement; and

 

4.              Pass any other appropriate order as this Hon’ble Court may deem fit in the interest of justice.

 

Submitted by;

Counsel for the Applicant / Tenant

Inder Chand Agarwala

CASE & CITATION REFERENCES

 

Before the Learned Rent Controller, Calcutta

Alipore Judges’ Court, Alipore, Kolkata – 700027

 

Application no. 5/ 35/ of 2021

 

In the matter of :

 

Shri Inder Chand Agarwala

Son of Late Sova Chand Agarwala, of premises being no. 1, Tarpan Ghat Road, Post Office & Police Station – Behala, Kolkata – 700 053, District – South 24 Parganas.

     ...........Tenant/ Petitioner

-Versus-

Police Station : Behala

1)   Sarbati Devi Agarwala Estate, having its Office at Premises being no. 1, Tarpan Ghat Road, Post Office and Police Station – Behala, Kolkata – 700 053, District – South 24 Parganas.

 

2)   Misri Devi Agarwala Estate, having its Office at Premises being no. 7, Rajani Sen Road, Kolkata – 700 026

 

..............Landlords / Respondents

 

CASE & CITATION REFERENCES

ON BEHALF OF THE APPLICANT / TENANT
INDER CHAND AGARWALA

 

No.	Case & Citation	Key Legal Principle
1	Somnath Mukherjee v. Mamata Rani Saha, Calcutta High Court, 3 Apr 2006	Held that Section 35 of the WBPT Act, 1997 is equivalent to Section 34 of the earlier Act, and that the remedy for repairs/essential services is available to tenant. Also discussed jurisdictional aspect of Controller vs Civil Court.
2	Mrinal Kanti Ghosh v. Mango Debi (“C.O. 1191 of 2012 with CAN 4955 of 2014”) – Calcutta High Court, 24 Feb 2015	Held that Section 35 of the WBPT Act, 1997 is equivalent to Section 34 of the earlier Act, and that the remedy for repairs/essential services is available to tenant. Also discussed jurisdictional aspect of Controller vs Civil Court.