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High Court of Patna Full Bench
N.P singh, U.P. Singh, B.N. Agrawal, JJ.
Sachidanand Sinha. - Petitioner.
Vs.
The Collector Patna & Ors. - Respondents.
C.W.J.C. No, 541 of 1988.
Decided on : 4-10-1989.
Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982 - Section 15 (I)-Court before passing an order, hereunder directing the tenant to deposit- rent at the rate it was last paid can make an enquiry for determination as to what was the rate of rent last paid. AIR 1985 SC 964 Followed. (Para 12)
Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982 - Section 16-section 16 (2) cannot be read in isolation and has to be read with section 16 (1) - section 16 (2) does not confer power in the appellate or revisional authority to direct the tenant to deposit rent, during the pendency of appeal or revision, at a rate different from that which has been fixed by the Controller-during the pendency of appeal or revision, the tenant is required to deposit the rent as determined by the Controller. (Paras 11, 13, 14 & 24).
Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982 - Section 16-the appellate or revisional authority has to hear both the parties to determine as to whether the tenant has complied with the requirements or section 16 (I)-where he has not deposited the rent determined by the Controller the appellate or revisional authority has to make a direction for such deposit within the time specified by them. 1987 PLJR 1138-PartIy Overruled (Paras 15, 16 & 24).
Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982 - Sections 15 & 16 - difference between - determination of the rate of rent - under Section 15 there is no prior determination of the rate of rent at which it was last paid, by any authority or court but under section 16 the rate of rent has already been determined. (Para 19).
Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982 -Section 15 (1) -, expression "Yatha avdharit" **;Fkkvo/kkfjr**herein has to be read as "as may be deter mined". (Para 19).
Bihar Buildings (Lease. Rent & Eviction) Control Act, 1982 - Section 16 - expression "Yatha avdharit" **;Fkkvo/kkfjr** in section 16 (2) has to he read in context of section 16 (1) and has to be given the literal meaning of has determined" and not "as may be determined" (Para 19).
Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982-Section 16 (I)-the appellate or revisional authority cannot refuse to entertain an appeal or revision, as the case may be, or dismiss the same on the ground that before filing of such appeal or revision there has been non-compliance of section 16 (1), (Para 23).
Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982 - Sections 12, 24 and 26 where there is non compliance of order of appellate or revisional authority in exercise of power under section 16 (2) the defence against fair rent has to be struck off-consequently, the appeal of revisions has to be heard and disposed off under sections 24 or 26 as if the tenant bas not put up any defence against the rate of rent before the Controller. AIR 1965 Pat 415 - Relied Upon; AIR 1971 SC 2280, AIR 1988 SC 2010-Distinguished.
(Paras 21, 22, 23 &. 24).
Interpretation of Statutes - Courts should read different provisions of an Act, in a manner that no part thereof is held to be superfluous each word, phrase or sentence is to be considered in the light of the purpose and object of the Act, and construction which would render a part of the statute devoid of any meaning should be avoided. AIR, 1952, SC 369. AIR 1953 SC 394: AIR 1961 SC 1170, AIR 1964 SC 766) (1982) 2 SCC 513 - Relied Upon- (Para 14).
Interpretation of statutes - same expression used in different provisions of any enactment should be given the same meaning unless the context of any particular section requires otherwise. AIR 1955 SC 830, AIR 1957 SC 23, AIR 1959 SC 356, AIR 1977 SC 836 AIR 1987 SC 1668, 1988 PLJR 314 - Relied Upon.
(Para 18).
N. P. Singh, J.
This writ application has been filed on behalf of the petitioner for quashing an order passed by the Collector, - Patna, as appellate authority in exercise of the power under sub-section (2) of section 16 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982, directing the petitioner to deposit the rent at the rate fixed by the Controller during the pendency of the -appeal. That order has been affirmed, by the Commissioner, Patna.
2. The case has been referred to a Full Bench for consideration of the following question :
"Whether during the pendency of an appeal before the appellate authority against an order passed by the Controller determining the fair rent in respect or-any premises or a revision before the Commissioner against an order of the appellate authority, it is open to the appellate authority or the Commissioner to direct the tenant under section 16 (2) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982, to deposit rent during the pendency of such appeal or revision at a rate different from the rate fixed by the Controller."
3. Section 5 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (here in after referred to as 'the Act') vests power in the Controller to determine the fair rent for any building on an application being filed by the Landlord or the tenant after making an enquiry. Under section 24 any person aggrieved by any such order passed by the Controller fixing fair rent of any building or premises can file an appeal. Section 24 is as follows:
"24. Appeal. (I) Any person aggrieved by an order passed by the Controller may, within fifteen days from the date of receipt of such order by him, prefer an appeal in writing to the appellate authority.
(2) On such appeal being preferred, the appellate authority, may-
(a) after perusing the memorandum of appeal and hearing the appellant, if necessary, summarily dismiss the appeal, or
(b) call for the records of the case from the Controller and after examining such records and, if necessary, making such further enquiry as he thinks fit decide the appeal.
(3) Subject to the provision of section 26 the decision of the appellate authority and subject only to such decision where an appeal lies, an order of the Controller shall be final, and shall not be liable to be questioned in any Court of law whether in suit or other proceeding by way of appeal or revision."
Section 26 vests power in the Commissioner of the Division to revise any order passed by the appellate authority on appeal.
4. Section 16 which is the subject-matter of controversy is as follows:
"16. Deposit of rent determined by the Controller during the pendency of appeal or revision. -(1) Where the fair rent of any building bas been determined by the Controller under provisions of this - Act, and the tenant prefers an appeal to the appellate authority against the order of the Controller or makes an application for revision to the Commissioner against the order of the appellate authority, as the case may be, it shall be required of the tenant to pay the rent at the rate fixed by the Controller month to month by the fifteenth day of the fo1Iowing month, together with arrears, if any, and he may deposit such rent in the prescribed manner stating the circumstances in which such deposit is made until the dispute regarding the fair rent has been settled between the parties.
(2) The appe1Iate authority or the Commissioner may, after giving an opportunity to the parties to be heard, make an order for deposit of rent at such rate as may be determined, month by month and arrears of rent, if any, and in case of noncompliance of this order, the appellate authority or the Commissioner shall order the defence against the fair rent order to be struck off. The landlord may apply for permission to withdraw the amount of rent so deposited without prejudice to any other legal remedy to which he is otherwise entitled and the court may permit him to do so."
5. There is s
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