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HIGH COURT OF CALCUTTA
B. S. Bachawat
BROJA BEHARI SEN - Appellant
Versus
VED PROKASH KUMAR - Respondent
Suit 1748 Of 1956
Decided On : JUNE 10, 1957
RENT CONTROL - WEST BENGAL PREMISES RENT CONTROL (TEMPORARY PROVISIONS) ACT, 1950 - SECTIONS 3, 10, 17 - LIMITATION ACT, 1908 - ARTICLE 110 - STANDARD RENT - CONTRACTUAL RENT - STATUTORY OBLIGATION TO PAY STANDARD RENT - LIMITATION.
Fact of the Case:
Plaintiff filed a suit for recovery of arrears of rent for the period from February 1950 to June 1956. The defendant was the tenant of a portion of No. 26b, Asutosh Mookerjee Road, Calcutta, since April 1947. The agreed rent was Rs. 200/- per month. On 20-12-1949, the defendant applied before the Rent Controller in Calcutta for fixation of standard rent. On 23-3-1950, the Rent Controller fixed the standard rent at Rs. 96-4-0 per month with effect from 1-12-1949. An appeal was filed from this order. On 31-3-1950, the West Bengal Premises Rent Control (Temporary Provisions) Act, 1950 came into force. By Section 17 of the Act further proceedings in the rent fixation matter was continued under the new Act. On 13-3-1951, the subordinate Judge. Alipore, dismissed the appeal. Later on in Civil Revision case No. 1303 of 1951 this appeal was remanded for rehearing by the District Judge on the ground that the Subordinate Judge was not competent to hear the appeal On 3-3-1953 the District Judge set aside the order dated 23-3-1950 and sent the case back on remand to the Rent Controller for determination of the standard rent. On 18-9-1953 the Rent Controller dismissed the application on the ground that the tenant had failed to discharge the onus. The tenant as also the landlord filed two separate appeals from this order. On 30-3-1954 the District Judge sitting in appeal fixed the standard rent at Rs. 233/- per month with effect from 1-1-1950 On 21-3-1956 this Court sitting in revision modified the order dated 30-3-1954 and fixed the standard rent under Section 9 (1) (e) of the Act at Rs. 199-10 per month with effect from 1-1-1950. On 3-7-1956 the plaintiff instituted this suit claiming arrears of rent from February 1950 up to June 1956 at the rate of Rs. 199-10-0 per month after giving credit for the deposits made by the defendant during this period at the rate of Rs. 96-4-0 per month.
Finding of the Court:
The court held that the contractual rent during the period April 1950 to June 1953 fell due at the end of every month, but in view of the order dated 21-3-1956 only the sum of Rs. 199/10/- per month was recoverable. The suit so far as the plaintiff seeks to enforce the contractual obligation to pay rent for this period also is barred by limitation. The court further held that Section 10 of the West Bengal premises Rent Control (Temporary Provisions) Act 1950 imposes a statutory obligation on the tenant to pay standard rent as from the date specified in the order fixing the standard rent and the cause of action to enforce this statutory obligation arose on the making of the order.
Issues: 1. Is the suit or any part thereof barred by limitation? 2. To what relief, if any?
Ratio Decidendi: The court held that the contractual rent during the period April 1950 to June 1953 fell due at the end of every month, but in view of the order dated 21-3-1956 only the sum of Rs. 199/10/- per month was recoverable. The suit so far as the plaintiff seeks to enforce the contractual obligation to pay rent for this period also is barred by limitation. The court further held that Section 10 of the West Bengal premises Rent Control (Temporary Provisions) Act 1950 imposes a statutory obligation on the tenant to pay standard rent as from the date specified in the order fixing the standard rent and the cause of action to enforce this statutory obligation arose on the making of the order.
Final Decision: The court decreed in favor of the plaintiff for the sum of Rs. 4,623/6/-, interim interest at the rate of 6 per cent. per annum, interest on the decretal sum of Rs. 4,623/6/- at the rate of 6 per cent. per annum and costs.
( 1 ) THIS is a suit for the recovery of Rs. 8,436-14-0 on account of arrears of rent for the period from February 1950 to June 1956. Since April 1947 the defendant is the tenant of a portion of No. 26b, Asutosh Mookerjee Road. The agreed rent is Rs. 200/- per month. On 20-12-1949 the defendant applied before the Rent Controller in Calcutta for fixation of standard rent. On 23-3-1950 the Rent Controller fixed the standard rent at Rs. 96-4-0 per month with effect from 1-12-1949. An appeal was filed from this order. On 31-3-1950 the West Bengal Premises Rent Control (Temporary Provisions) Act, 1950 came into force. By Section 17 of the Act further proceedings in the rent fixation matter was continued under the new Act. On 13-3-1951 the subordinate Judge. Alipore, dismissed the appeal. Later on in Civil Revision case No. 1303 of 1951 this appeal was remanded for rehearing by the District Judge on the ground that the Subordinate Judge was not competent to hear the appeal On 3-3-1953 the District Judge set aside the order dated 23-3-1950 and sent the case back on remand to the Rent Controller for determination of the standard rent. On 18-9-1953 the Rent Controller dismissed the application on the ground that the tenant had failed to discharge the onus. The tenant as also the landlord filed two separate appeals from this order. On 30-3-1954 the District Judge sitting in appeal fixed the standard rent at Rs. 233/- per month with effect from 1-1-1950 On 21-3-1956 this Court sitting in revision modified the order dated 30-3-1954 and fixed the standard rent under Section 9 (1) (e) of the Act at Rs. 199-10 per month with effect from 1-1-1950. On 3-7-1956 the plaintiff instituted this suit claiming arrears of rent from February 1950 up to June 1956 at the rate of Rs. 199-10-0 per month after giving credit for the deposits made by the defendant during this period at the rate of Rs. 96-4-0 per month. There is also a claim for interest but that claim has been abandoned.
( 2 ) PURSUANT to an interim order made in this suit certain payments were made by the defendant to the plaintiff's attorney. The only substantial question is the question of limitation. No evidence as to the actual amount due was taken. Learned counsel on both sides stated that the amount if any depended upon the question of limitation and that the parties would be able to agree as to the amount if any due to the plain tiff on the basis of the judgment of this Court on the question of limitation. The following issues were raised:1. Is the suit or any part thereof barred by limitation? 2. To what relief, if any?
( 3 ) BRIEFLY stated the contention of the plaintiff is: (1) That the rent under the contract is not ascertained and determined until fixation of the standard rent and therefore the cause of action under the contract to recover the rent arises only on such fixation. (2) Section 10 of the West Bengal Premises Rent Control (Temporary Provisions) Act, 1950 imposes upon the tenant a statutory obligation to pay the standard rent fixed by the Rent Controller and the cause of action to enforce this statutory obligation arises on the date of the fixation.
( 4 ) IN my opinion the first contention is unsound and ought to be rejected.
( 5 ) IT is common case that the arrears of rent from July 1953 onwards are not barred by limitation. The only question is whether the arrears of rent due for the period from February 1950 up to and including June 1953 are barred by limitation. The rent for this period may be classified into two groups: (1) February/march, 1950; and (2) April 1950 to June 1953.
( 6 ) I will firstly deal with the arrears of rent for the period April 1950 to June 1953. During this period the West Bengal Premises Rent Control (Temporary Provisions) Act 1950 was in operation. The tenant was under a contractual obligation to pay the agreed rent at the end of every month. This contractual obligation was modified by the Act. By Sections 3 and 17 (1
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