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