(1) If the necessity for making any repair or talcing any measure referred to in section 35 is so urgent that any delay is likely to subject the tenant to personal loss, damage or serious inconvenience, then, notwithstanding anything contained in that section, the tenant may himself cause the notice to be served in the prescribed manner on the landlord requiring him to undertake such repair or take such measures within seventy-two hours of the service of such notice.
(2) If the landlord neglects or fails to make such repair or take such measures within seventy-two hours as aforesaid, the tenant may submit an application along with a copy of the notice and an estimate of cost of such repair or measures to the Controller. The Controller shall thereupon make such inquiries as he may consider necessary about the necessity of such repair or measures and the correctness of the estimate so submitted and, on being satisfied, may, by order, direct the tenant to undertake such repair or take such measures at such cost as may be specified in the order.
(3) After the completion of the repair or measures under sub-section
(2) of section 35 or sub-section (2) of this section, the tenant shall submit to the Controller a statement of cost thereof and thereafter the Controller, after giving the landlord an opportunity of being heard and after making such further inquiries as may be considered necessary, may, by order in writing, determine the amount of the cost which the tenant is entitled to recover from the landlord and the tenant may thereupon deduct the amount so determined from the rent or otherwise recover it from the landlord:
Provided that the amount which the tenant may so deduct or recover in any year shall not exceed one half of the rent payable by the tenant for that year.
346 The West Bengal Premises Tenancy Act, 1997.
XXXVII of 1997.]
(Chapter IX.—Essential repairs.—Section 37.—Chapter X.— Appointment of Controller and other officers.—Section 38.)