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IN THE HIGH COURT OF CALCUTTA
SIDDHARTHA CHATTOPADHYAY, J.
Momtaz Begum – Appellant
Vs.
Madan Hait – Respondent
C.O. No. 3190 of 2014
Decided On : 19.08.2015
WEST BENGAL PREMISES TENANCY ACT - SECTIONS 39, 44 - CIVIL COURT JURISDICTION - REPAIR OF PREMISES - APPOINTMENT OF LOCAL INSPECTION COMMISSIONER - CIVIL COURT'S JURISDICTION NOT BARRED - SECTION 44 OF THE ACT DOES NOT SAY THAT POWER AND JURISDICTION OF CIVIL COURT IS BARRED TOTALLY IN SUCH A CASE.
Fact of the Case:
Tenant filed a suit for declaration of tenancy right and other reliefs. He also filed an application under Section 151 of Civil Procedure Code for appointment of Local Inspection Commissioner to ascertain the condition of the suit premises. The commissioner submitted a report which was partially in favor of the tenant. The tenant then filed an application under Section 151 of CPC for permission to repair the suit premises.
Finding of the Court:
Civil Court's jurisdiction is not ousted when an application for appointment of Local Inspection Commissioner is prayed for to ascertain the urgency of repair work. If such urgency is seen from the Commissioner's Report, the Civil Court can exercise its power under Section 151 CPC and pass an order for repair if essential.
Issues: Whether the Civil Court has jurisdiction to entertain an application for appointment of Local Inspection Commissioner to ascertain the condition of the suit premises and to grant permission to repair the premises.
Ratio Decidendi: Section 44 of the West Bengal Premises Tenancy Act does not explicitly or impliedly bar the jurisdiction of the Civil Court to entertain an application for appointment of Local Inspection Commissioner to ascertain the condition of the suit premises and to grant permission to repair the premises.
Final Decision: The revisional application is dismissed and the impugned order passed by the Learned Court below is affirmed.
Based on the provided legal document, the key points are as follows:
Jurisdiction of Civil Court: The Civil Court's jurisdiction is not barred from entertaining applications for the appointment of a Local Inspection Commissioner to assess the condition of premises or to determine the urgency of repairs (!) (!) .
Application for Repairs: When a tenant files an application under Section 151 of the Civil Procedure Code for permission to repair premises, the Civil Court can exercise its jurisdiction if the Commissioner’s report indicates an urgent need for repairs (!) (!) .
Scope of the Act: The relevant provisions of the applicable tenancy legislation do not explicitly or impliedly exclude the Civil Court’s jurisdiction in cases involving repair and inspection applications. The Act primarily pertains to rent fixation and related matters, and does not prohibit the Civil Court from addressing repair issues (!) (!) .
Power of Civil Court vs. Authority under the Act: The Civil Court has inherent powers to issue commissions for local inspection and to pass orders for repairs, which are not within the powers of the Rent Controller or authorities under the Act (!) (!) (!) .
Nature of the Suit: The filing of a suit for declaration of tenancy rights is a civil matter, and the jurisdiction of the Civil Court remains intact even when related applications for inspection or repairs are made (!) (!) .
Concurrent Proceedings: The existence of a pending civil suit does not preclude the tenant from seeking inspection or repair orders from the Civil Court, as such proceedings are not mutually exclusive and avoid multiplicity of proceedings (!) (!) .
Final Position: The Civil Court’s jurisdiction to entertain applications for appointment of a Local Inspection Commissioner and to order repairs is affirmed. When the Commissioner’s report indicates urgency, the Court can pass appropriate orders to ensure premises are maintained in a proper condition (!) (!) .
Conclusion: The revisional application challenging the lower court’s order was dismissed, and the original order was upheld, confirming the Civil Court’s authority to handle repair and inspection applications under the circumstances described (!) (!) .
Please let me know if you need further analysis or specific legal advice related to this document.
Siddhartha Chattopadhyay, J.
This revisional application is directed against the Order No. 10 dated 30.08.2014 passed by the Learned Civil Judge (Junior Division), 3rd Court at Baruipur. In the said impugned order, the Learned Court below has partly allowed the petition under Section 151 of CPC filed by the plaintiff-tenant.
2. Being aggrieved at it the petitioner/ defendant has filed this revisional application mainly on the ground that the Learned Court below failed to appreciate the position of law and exceeded his jurisdiction illegally and with material irregularity and thus came to an erroneous finding that the condition of the suit room is a dilapidated one. Ventilating her such grievances she had prayed for rejection of the said impugned order.
3. A very interesting point of law is involved in this case. Factual aspects being not disputed, this Court does not like to reiterate the same because it would be an unnecessary parade of words.
4. In the instant case the tenant/plaintiff has filed a suit praying for a declaration of his tenancy right along with other reliefs. The petitioner/landlord appeared there as defendant.
5. The tenant/plaintiff had prayed for appointment of Local Inspection Commissioner for establishing his claim that the suit property is in a dilapidated condition. The said commissioner has submitted his report which is partially in favour of the tenant/plaintiff. Thereafter the tenant/plaintiff has filed an application under Section 151 of Civil Procedure Code and prayed for giving him a permission to repair the suit premises.
6. At the time of hearing, Learned Counsel appearing on behalf of the petitioner/landlady has submitted that in view of amendment of West Bengal Premises Tenancy Act 1997 and as amended time to time, Civil Court has no jurisdiction to entertain such an application because as per Section 44 of the West Bengal Premises Tenancy Act jurisdiction of Civil Court is totally barred. So he has prayed for interference of this Court. In support of his contention he has referred to two decisions reported in AIR 1988 Supreme Court (SC) 752 (Raja Ram Kumar Bhargava Vs. Union of India) and a decision reported in AIR 1968 Supreme Court (SC) 78 (Dhulabhai Vs. State of M.P.). Referring these two citations he has submitted that Civil Court’s Jurisdiction is completely ousted in such type of cases. In the interest of effective adjudication of this controversy, I like to quote the views of the Hon’ble Apex Court observed in connection with the decision reported in AIR 1988 SC 752 is concerned. “Generally speaking the broad guiding considerations are that wherever a right, not pre-existing in common law, is created by a statute and that state itself provided a machinery for the enforcement of the right, both the right and the remedy having been created ‘Uno Flatu’ and a finality is intended to the result of the statutory proceeding, then, even in the absence of an exclusionary provision the Civil Courts Jurisdiction is impliedly barred.”
7. The spirit of the decisions reported in AIR 1969 Supreme Court page 78 is such where the statute gives a finality to the order of the special tribunals, the Civil Court’s Jurisdiction must be held to be excluded if there is adequate remedy to do what the Civil Courts would normally do in a suit.
8. As against this Learned Counsel appearing on behalf of the opposite party/tenant has citied three decisions which is reported in [2006] 3 CHN 213, [2007] 2 CLJ 546 and [2004] 4 CHN 428. Ratio of all these judgments go to show that the exclusion of the jurisdiction of the Civil Court is not to be readily inferred but such exclusion must either be explicitly expressed or clearly implied. By referring the judgment reported in AIR 1966 Supreme Court 893 (Ram Vs. Sikhar Chand) this Hon’ble Court held that the bar created by the relevant provisions of the Act excluding the jurisdiction of the Civil Court cannot operate in cases where the plea raised before the Civil
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