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IN THE HIGH COURT OF GAUHATI
P.P. NAOLEKAR, J.
Santosh Devi Agarwalla – Appellant
Vs.
Mahabir Prasad Agarwalla – Respondent
C.R.P. No. 156 of 1999
Decided On: 18.08.2003
Rent Control Act - Procedure for deposit of rent - The court held that the procedure required to be followed while adjudicating upon the deposit of rent under Section 5(4) of the Assam Urban Areas Rent Control Act shall be that of a civil court. The essential condition for depositing the rent under Section 5(4) is the refusal by the landlord to accept the rent, and it is incumbent on the person depositing the rent to prove the landlord's refusal. In the absence of proof of refusal, the deposit of rent cannot be accepted.
Fact of the Case:
The tenant filed an application for deposit of rent in the Court of Munsiff-cum-Rent Controller at Tinsukia. The court held that the procedure for depositing rent under Section 5(4) of the Assam Urban Areas Rent Control Act should follow that of a civil court. The essential condition for depositing rent is the refusal by the landlord to accept the rent.
Finding of the Court:
The Court found that the order passed by the Court of Civil Judge required no interference, and the petition was dismissed. The office was directed to send back the record to the trial court.
Issues: The main issue was the procedure for depositing rent under the Assam Urban Areas Rent Control Act and the essential condition for such deposit.
Ratio Decidendi: The essential condition for depositing rent under Section 5(4) of the Assam Urban Areas Rent Control Act is the refusal by the landlord to accept the rent, and it is incumbent on the person depositing the rent to prove the landlord's refusal. The procedure required to be followed is that of a civil court.
Final Decision: The petition was dismissed, and the office was directed to send back the record to the trial court.
P.P. Naolekar, C.J.
1. Heard Mr. G.P. Bhowmick, learned Counsel for the Petitioner and Mr. S.K. Kejriwal, learned Counsel for the opposite party.
2. This application has been filed by the tenant for deposit of the rent in the Court of Munsiff-cum-Rent Controller at Tinsukia. The Munsiff-cum-Rent Controller has held that the procedure, which is required to be followed while adjudicating upon the deposit of rent under Section 5(4) of the Assam Urban Areas Rent Control Act shall be that of a civil Court as is being held in two decisions of this Court, reported in 1997 (2) GLT 596 (Abdul Matin Chowdhury v. Nilyananda Dutta Banik) and 1997 (1) GLR 5 (Sekhar Ch. Swami v. Indian Umbrella Manufacturing Co. and Ors.). The essential condition for depositing of the rent under Section 5(4) of the Assam Urban Areas Rent Control Act, 1972 is refusal by the landlord to accept the rent. Thus, it is incumbent on the person, who is depositing the rent to prove that the landlord has refused to accept the rent. In the absence of any proof of refusal on the part of the landlord the deposit of rent cannot be accepted. In view of the aforesaid, the order passed by the Court of Civil Judge (Junior Division) No. 1 Tinsukia in Misc. (Rent) Case No. 517/97 required no interference by this Court and the petition stands dismissed.
3. Office is directed to send back the record to the trial Court within 10 days from today positively.
Petition dismissed
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