Navamany v. Rosairo – sllr 1999 volume 3 page 375

In the case between Navamany (landlord) and Rosairo (tenant), the court addressed whether a tenant who undertook repairs without prior approval due to cyclone damage could set off the alleged expenditure against rent, pursuant to Section 13 of the Rent Act, No. 7 of 1972. It was held that such set-off is not permissible unless the statutory mechanism is strictly followed, with the repair dispute referred to the Rent Board and the landlord given an opportunity to fulfill repair obligations. The principle reaffirmed is that tenants cannot unilaterally deduct repair costs from rent absent compliance with the prescribed statutory procedures. The decision relied on the strict interpretation of Section 13 of the Rent Act and prior judicial exposition, emphasizing that adherence to procedural req