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
