Can a tenant deduct any payment from the rent payable to the landlord?
If a tenant pays the rent after deducting certain amount allegedly due to him, the tenant is not entitled to deduct such amount otherwise will be held not ready and willing to pay rent. If the tenant has obtained permission of local authorities in carrying out repairs to the premises on refusal by landlord to do so, tenant is entitled to deduct certain expenses permissible under Rent Control act.
In the matter of Jafferbhai Kanji V/s, Dawood Moosa. The tenant deducted certain expenses incurred by him for carrying out necessary repairs to the demised premises and paid only balance amount was held legal and such tenant was considered as ready and willing to pay the rent. Even in the matter of Sukhchand vs. Ramdas the tenant deducted expenses of agreed repair and it was held to be valid tender and it was further held that tenant was ready and wiling to pay the rent.
I have purchased a flat in Kolkata from a Developer who constructed a multistoried building on a portion of the land in existing premises. The Deed of Conveyance (Indenture) has the Developer as the confirming Party, owner of the land as the Lessor and I, the purchaser, as the Lessee. The indenture grants and demises to the Lessee a lease of an undivided proportionate share of interest of the Lessor in the land for a period of 134 years (99 years initial lease renewable by another 35 years).As per one of the provisions of the indenture: "the Lessee has the right and liberty to sublet, mortgage, assign, sell or otherwise deal with their lease hold interest in the demised property and the unit (Flat) or any portion thereof, without being required to obtain any further consent of the Lessor".
Source: economic times
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