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IN THE HIGH COURT AT CALCUTTA
SUGATO MAJUMDAR, J.
Rajasthan Fertilizer And Chemical Corporation Limited – Appellant
Versus
M/s. Bengal Industrial Corporation - Respondent
IA NO.GA/2/2022, CS/26/2021
Decided on : 14-07-2023
LANDLORD AND TENANT - SUIT FOR EVICTION - JURISDICTION - RETURN OF PLAINT - REJECTION OF PLAINT - APPLICABILITY OF ORDER VII RULE 10 AND 11 OF THE CODE OF CIVIL PROCEDURE, 1908 - SERVICE OF NOTICE TO QUIT - ELECTRONIC MAIL - ADMISSIBILITY OF UNREGISTERED LEASE DEED - GOOD DEFENCE - WEST BENGAL PREMISES TENANCY ACT, 1997 - APPLICABILITY.
Fact of the Case:
The plaintiff filed a suit for eviction and recovery of possession of the suit property from the defendant, alleging that the defendant had defaulted in payment of rent and had not vacated the premises despite the termination of the tenancy. The defendant filed a written statement, admitting the tenancy and payment of rent, but alleging that the plaintiff had not carried out the necessary repairs and renovations, had handed over the premises in a damaged condition, and had provided a lesser area than agreed upon. The defendant also filed an application for rejection of the plaint, alleging that the suit was filed suppressing material facts and was otherwise bad in law.
Finding of the Court:
The court held that the application for rejection of the plaint was not maintainable as it did not disclose any ground to attract the operation of Order VII Rule 10 or 11 of the Code of Civil Procedure, 1908. The court also held that the service of notice to quit by electronic mail was valid in view of the order passed by the Supreme Court of India in suo motu Writ Petition (C) no. 3 of 2020 in the matter of In Re Cognizance For Extension of Limitation. The court further held that the unregistered lease deed could be looked into for a collateral purpose, namely, to prove the existence of a jural relationship between the parties. The court also held that the defendant did not have a good defence to resist eviction, as the dispute related to financial loss for handing over incomplete and lesser area of tenancy deviating from stipulations, which could be considered at the time of enquiry of mesne profit.
Issues: 1. Whether the application for rejection of the plaint was maintainable? 2. Whether the service of notice to quit by electronic mail was valid? 3. Whether the unregistered lease deed could be looked into for a collateral purpose? 4. Whether the defendant had a good defence to resist eviction?
Ratio Decidendi: 1. An application for rejection of the plaint is not maintainable if it does not disclose any ground to attract the operation of Order VII Rule 10 or 11 of the Code of Civil Procedure, 1908. 2. Service of notice to quit by electronic mail is valid in view of the order passed by the Supreme Court of India in suo motu Writ Petition (C) no. 3 of 2020 in the matter of In Re Cognizance For Extension of Limitation. 3. An unregistered lease deed can be looked into for a collateral purpose, namely, to prove the existence of a jural relationship between the parties. 4. A tenant does not have a good defence to resist eviction if the dispute relates to financial loss for handing over incomplete and lesser area of tenancy deviating from stipulations, which can be considered at the time of enquiry of mesne profit.
Final Decision: The court allowed the plaintiff's application for final judgment and decree of eviction and recovery of vacant and khas possession of the suit property. The court also dismissed the defendant's application for rejection of the plaint.
JUDGMENT :
Sugato Majumdar, J.
1. Three applications were taken up for analogous hearing and are disposed of hereby by this common judgment.
2. GA 02 of 2022 is filed by the Plaintiff with prayers of direction upon the Respondent to deposit an amount of Rs. 37,81,478/-being the outstanding rent along with occupational charges, interest till January 31, 2022; direction upon the Respondent to make payment of occupational charges on and from February 2022, in default receiver be appointed and be directed to take physical possession of the suit property; leave to the Petitioner to accept such payment without prejudice to the rights and contentions in the present proceeding; appointment of Receiver/Special Officer to inspect the suit premises, make inventory and to take symbolic possession of the suit premises along with other prayers. This application is filed by the Plaintiff of the suit.
3. GA 03 of 2022 is also filed by the Plaintiff praying for final judgment and decree for eviction and recovery of vacant, peaceful and khas possession of the suit property situated on the 1st floor, 19, R. N. Mukherjee Road, Kolkata – 700001; decree for an aggregate sum on account of outstanding rent from the month of February 2020 till July 2020 amounting to Rs.7,50,000/-with interest at a rate of 24 per cent per annum; decree for mesne profit assessed at a rate of Rs.15,000/-per diem on and from 1st August, 2020 till recovery of the possession; alternatively enquiry into quantum of mense profit along with other prayers.
4. GA 05 of 2022 is filed by the Defendant of the suit praying for rejection of the plaint; return of the plaint for filing the same in the appropriate forum and revocation of the leave granted under Clause 12 of the Letters Patent.
5. The parties herein filed their respective affidavit in all the applications, as abovementioned.
6. Since GA 05 of 2022 is concerned with rejection of plaint revoking the leave granted under Clause 12 of the Letters Patent, and if allowed would make the other two applications redundant and infructuous. Therefore, this application should be considered and adjudicated upon a-priori.
7. The sum and substance of the plaint is that, the Plaintiff is a company registered under the provisions of Companies Act, 2013. The Defendant is a partnership firm represented by its partners Projay Singha Roy, Milan Mondal and Sanjay Debnath. The Plaintiff and the Defendant executed a lease dated 14th September 2018, whereby an office block measuring about 2400 sq.ft. was let out to the Defendant on payment of monthly rent of Rs.1,25,000/-along with G.S.T. Rent was to be paid on or before the 10th day of each month according to English calendar months. If rent is not paid within the due date, the Defendant would be liable to pay interest at a rate of 18 per cent per annum on all the arrears, without prejudice to take other legal actions. Till the month of December 2019, the Defendant regularly paid rent but thereafter, the Defendant defaulted in payment of rent. All on a sudden, the Defendant tendered rent for the month of January 2020 in the month of June 2020 but remained defaulter in payment of rent from the month of February 2020 till the month of July 2020. The Plaintiff determined the tenancy of the Defendant in terms of a notice dated 15th July 2020 through his Learned Advocate. The Plaintiff also claimed occupational charges at a rate of Rs.15,000/-per diem in case of default of the Defendant to hand over the possession of the premises. Since the Defendant did not hand over vacant possession to the Plaintiff, the later was constrained to institute the instant suit praying for decree of recovery of possession along with the other prayers.
8. The Defendant appeared in the suit and contested the same by filing written statement. The Defendant, in the written statement, admitted the tenancy and payment of rent of Rs.1,25,000/-inclusive of municipal taxes. It is averred that the Defendant also deposited a sum of Rs.3,75,0
An unregistered lease deed can be looked into for a collateral purpose, namely, to prove the existence of a jural relationship between the parties.
A lease deed not registered creates a month-to-month tenancy; urgent interim relief suits are exempt from mandatory pre-institution mediation.
Landlord can obtain possession of premises upon clear admissions about tenancy relations and formal lease termination, regardless of tenant's claims of extensions based on rent acceptance.
Clear and unambiguous admissions by the defendant in a suit for possession can warrant a judgment on admission under Order 12 Rule 6 CPC. The expiration of a lease by efflux of time does not amount t....
The main legal point established in the given judgment is that the relationship between landlord and tenant must be proved, the rate of rent must be established, and the absence of a registered subsi....
A registered letter returned with the endorsement “Not Claimed” is tantamount to good service and is valid service upon the addressee.
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