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Citation Codes
Equivalent Citations
citation codes
Case Number
Attorney(S)
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Acts
  • sub-s. (8) of Section 12 of the West Bengal Premises Rent Control (Temporary Provisions) Act, 1948
  • West Bengal Premises Rent Control (Temporary Provisions) (Amendment) Act LXII
  • Section 12(3) of the West Bengal Premises Rent Control Act of 1948,
  • Act applies in Section 2(22) of the Bengal Money Lenders Act, 1940
  • West Bengal Premises Bent Control Act XVII [17] of 1950
  • West Bengal Premises Rent Control (Amendment) Act LXII
  • West Bengal Premises Rent Control Act
  • Section 18(5) of the Rent Act of 1950
  • Section 2(11) of Act XVII
  • SECTION 6 INTEREST ACT
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Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Case Number
Attorney(S)
Judges
Acts
  • sub-s. (8) of Section 12 of the West Bengal Premises Rent Control (Temporary Provisions) Act, 1948
  • West Bengal Premises Rent Control (Temporary Provisions) (Amendment) Act LXII
  • Section 12(3) of the West Bengal Premises Rent Control Act of 1948,
  • Act applies in Section 2(22) of the Bengal Money Lenders Act, 1940
  • West Bengal Premises Bent Control Act XVII [17] of 1950
  • West Bengal Premises Rent Control (Amendment) Act LXII
  • West Bengal Premises Rent Control Act
  • Section 18(5) of the Rent Act of 1950
  • Section 2(11) of Act XVII
  • SECTION 6 INTEREST ACT
Smart Summary

Court Opinion — Structured Summary

Factual and Procedural Background

The suit was instituted on 29-7-1949. The ground of eviction alleged was that the tenant had become an ipso facto defaulter under Section 12(3) of the West Bengal Premises Rent Control (Temporary Provisions) Act, 1948. The West Bengal Premises Rent Control Act (Act XVII of 1950) came into force on 31-3-1950 while the suit was pending. A decree in the suit was passed by the Munsif (trial Court) on 31-8-1950 in favour of the landlord. Before that decree was passed, a judicial decision in S.B. Trading Co. v. Satyendra Chandra Sen, 55 C.W.N. 756 had been published, holding that a tenant who failed to deposit rent under Section 12(3) of the 1948 Act ceased to have a tenancy and therefore could not claim protection under Section 18(5) of the 1950 Rent Act.

Execution was taken out and possession was obtained by the landlord on 1-12-1950. On 30-11-1950 the West Bengal Premises Rent Control (Temporary Provisions) (Amendment) Act LXII [62] of 1950 came into force; this Act amended the definition of "tenant" in Section 2(11) of Act XVII of 1950 to include persons whose interest had been ipso facto determined under sub-s. (8) of Section 12 of the 1948 Act, and declared the substitution to be deemed always to have been in place.

An appeal against the Munsif's decree was filed on 4-12-1950. The Subordinate Judge, 6th Court of Alipore (the lower appellate Court) reversed the Munsif's decree by its decree dated 31-1-1951. The present appeal challenges that reversal.

Legal Issues Presented

  1. Whether, for the purpose of applying the amendment made by Act LXII [62] of 1950, a suit or appeal should be treated as "pending" when the period for filing an appeal had not expired though no actual appeal had yet been filed on the date the amending Act came into force.
  2. Whether Section 6 of Act LXII [62] of 1950 (relief where possession has not been recovered) had any application in the present case where possession was in fact recovered on 1-12-1950.
  3. Whether the lower appellate Court's decision reversing the trial Court's decree was correct in law, having regard to the interaction between the decision in S.B. Trading Co. v. Satyendra Chandra Sen and the retrospective/deeming effect of Act LXII [62] of 1950.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
S.B. Trading Co. v. Satyendra Chandra Sen, 55 C.W.N. 756 Held that failure to deposit rent under Section 12(3) of the West Bengal Premises Rent Control (Temporary Provisions) Act, 1948 terminated the defendants' interest so they ceased to be tenants and could not claim protection under Section 18(5) of the Rent Act of 1950. The Court observed that the legal basis of that decision was removed by the amending Act LXII [62] of 1950 which amended the definition of "tenant" to include persons whose interest had been ipso facto determined. The trial Court's decree passed on 31-8-1950 had been correct under the S.B. Trading Co. decision, but the amending Act was to be deemed always to have applied and therefore the lower appellate Court's reversal was ultimately correct.

Court's Reasoning and Analysis

The Court sets out the chronological and statutory context and proceeds by applying the relevant statutory provisions and judicial decisions as follows:

  1. Timeline and statutes: The suit began before the coming into force of the 1950 Rent Act (Act XVII of 1950). The 1950 Act came into force on 31-3-1950; the decree at trial was passed on 31-8-1950; the amending Act LXII [62] of 1950 came into force on 30-11-1950; execution and delivery of possession occurred on 1-12-1950; an appeal was filed on 4-12-1950 and the lower appellate Court decided the matter on 31-1-1951.
  2. Effect of S.B. Trading Co.: The Court notes that the published decision in S.B. Trading Co. supported the trial Court's view at the time the decree was passed: under the 1948 Act and S.B. Trading Co., a tenant who failed to deposit rent under Section 12(3) ceased to be a tenant and could not claim protection under Section 18(5) of the 1950 Act.
  3. Effect of the amending Act LXII [62] of 1950: The amending Act altered the definition of "tenant" in Section 2(11) of Act XVII of 1950 to include persons whose interest had been ipso facto determined under the 1948 Act, and declared that the amendment was to be deemed always to have been substituted. The Court reasons that this change removes the basis of the S.B. Trading Co. decision for cases covered by the amendment.
  4. Application of Section 6 and Section 5 of the amending Act: The Court explains that Section 6 of Act LXII provides relief only where possession of the premises has not been recovered; in the present case possession was in fact recovered, and no application under Section 6 had been made. The primary question became whether the lower appellate Court could give relief under Section 5 of Act LXII by treating the matter as one of the suits "referred to in sub-s. (5) of S.18" that were "pending at such commencement" of the amending Act.
  5. Interpretation of "pending": The Court considers whether "pending" should be given a strict meaning (requiring an actual appeal to have been filed on or before 30-11-1950) or a broader meaning to include cases where the time for filing an appeal had not expired on that date and an appeal was subsequently filed. The Court finds an analogy in prior decisions interpreting the phrase "a suit to which this Act applies" under the Bengal Money Lenders Act, 1940, where litigation that could be instituted after the relevant date but was in effect a continuation was treated as covered. On that basis, the Court interprets "pending" in Act LXII [62] of 1950 to include cases such as the present where no actual appeal had been filed on 30-11-1950 but the time for filing an appeal had not expired and an appeal was thereafter filed.
  6. Conclusion of analysis: Given that interpretation, the Court holds that the law to be applied when the decree was passed on 31-8-1950 must be taken as the law as it stood amended by Act LXII [62] of 1950 (the amendment being deemed always to have applied). Consequently, the lower appellate Court's decision reversing the Munsif's decree is correct in result, even if the appellate Court's reasons were, in the Court's view, "quite unsound." The Court also notes that the amended definition of "tenant" in Act XVII as effected by Act LXII provides an alternative basis for supporting the result reached by the lower appellate Court.

Holding and Implications

APPEAL DISMISSED.

Implications:

  • The Court dismissed the appeal and ordered costs in favour of the respondent (the successful party below). The dismissal affirms the result reached by the Subordinate Judge (the lower appellate Court) which had reversed the Munsif's decree.
  • The direct consequence for the parties is that the reversal effected by the lower appellate Court stands and the landlord's recovery of possession (obtained on 1-12-1950) is not disturbed by this appeal.
  • The Court did not purport to lay down a novel precedent beyond its interpretation that, for the purpose of Act LXII [62] of 1950, the word "pending" may include cases where the time for filing an appeal had not expired even though no appeal had been filed on the date the amending Act came into force. The opinion expressly states that the lower appellate Court's result was correct notwithstanding that the lower Court's reasons were unsound; it does not state that a new broad rule of general application is being authoritatively established beyond the facts of the case.

Final disposition: Appeal dismissed (with costs). The Court records that the lower appellate Court's decision is correct in result, though the Court finds the lower Court's reasoning unsound.

    Radha Ballav Poddar v. Motilal Chanda Sarkar

    1. This is an appeal against a decree of the Subordinate Judge 6th Court of Alipore, reversing a decree of the Munsif, First Additional Court of Alipore, in an ejectment suit.’ The trial Court decreed the suit. The lower appellate Court reversed the decision, acting on its view of the effect of the West Bengal Premises Rent Control (Amendment) Act LXII [62] of 1960. I may say at once that in my opinion the decision of the lower appellate Court is correct although the reasons on which the decision is based are quite unsound.

    2. The suit was institated on 29-7-1949, before the West Bengal Premises Bent Control Act XVII [17] of 1950 came into force. During the pendenoy of the suit on 31-3-1950, the West Bengal Premises Rent Control Act xvn [17] of 1950 came into force. The ground of eviction was that the tenant was an ipso facto defaulter under Section 12(3) of the Act of 1948.

    3. The West Bengal Premises Rent Control Act of 1950 came into force on 31-3-1950 and the decree in suit was passed on 31-8-1950. By that date the decision in the case of S.B Trading Co. v. Satyendra Chandra Sen, 55 C.W.N 756 had been published. In that case it had been held that where there was a failure on the part of the defendants to deposit rent in terms of Section 12(3) of the West Bengal Premises Rent Control Act of 1948, the interest of the defendants came to an end and they were not to be deemed as tenants. Accordingly, they could not be regarded as tenants against whom a suit for ejectment of the type referred to in Section 18(5) of the Rent Act of 1950 was pending at the date when that Act came into force, so as to be entitled to the benefit of the section. The decree therefore as passed by the learned Munsif on August 31 was correct.

    4. Execution was taken out and delivery of possession was obtained by the landlord on 1-12-1950. In the meantime, on the day before, 30-11-1950, the West Bengal Premises Rent Control (Temporary Provisions) (Amendment) Act LXII [62] of 1960 had come into force. Under that Act the definition of tenant in Section 2(11) of Act XVII [17] of 1960 was amended to include “any person whose interest in the premises has been ipso facto determined under sub-s. (8) of Section 12 of the West Bengal Premises Rent Control (Temporary Provisions) Act, 1948” and that definition was not only substituted by the amending Act LXII [62] of 1950 but was to be deemed always to have been substituted. Thus, it would seem that the basis of the decision in S.B Trading Co. v. Satyendra Chandra Sen, 55 C.W.N 756, had been taken away and was to be deemed never to have existed as from 31-3-1960.

    5. On 4-12-1950, an appeal was filed against the decree of the Munsif passed on 31-8-1950. Thus, at the time when the West Bengal Premises Rent Control (Amendment) Act LXII [62] of 1950 came into force on 30-11-1950, there was no actual of peal pending in the strict sense that on that date no actual appeal had been filed although in fact at the time when the Act came into force the period for filing an appeal had not expired and there was at any rate a contingency that such an appeal might be filed.

    6. The lower appellate Court gave its decision on 31-1-1951. That Court dealt with the matter as though Section 6 of Act LXII [62] of 1950 had some application. Insofar as the lower Court's decree had been passed on 31.8.1950, that is to say, in the interval between 31-3-1950, an 30-11-1950 this was a case in which a decree for recovery of possession of the premises had been made between the commencement of Act XVII [17] of 1950 and the commencement of Act LXII [62] of 1950 and was one of the cases, therefore, provided for in S. 6. Section 6, however, gives relief only in cases where possession of the premises has not been recovered. In the present case, the only opportunity that the tenant had to file the application under S. 6 was on the very day that Act LXII [62] came into force, namely, 30-11-1950, for possession was obtained the very next day. No application under S. 6 has been made in this case.

    7. The question then is first whether the lower appellate Court could give relief to the tenant in the appeal before it on the basis of the provisions of Section 5 of the Act LXII [62] of 1950. It could do so only if it could be held that this was a suit “referred to in sub-s. (5) of the said S. 18 which” was “pending at such commencement” (of the Act). If so, then Act XVII [17] of 1950 as amended was to be deemed always to have applied to the case, so that the lower appellate Court dealing with the matter was to apply S. 18(5) in the form set out in Act LXII [62] of 1950, which form specifically gives relief to the person who was an ipso fact defaulter under Section 12(3) of the Act of 1948.

    8. The question is thus whether we are to give a very strict interpretation to the word “pending” in Section 5 of the Act LXII [62], So that we are to hold that the Act does not give relief in cases such as the present, where, although the time for filing an appeal had not expired when the Act came into force, no actual appeal had been filed, on whether we should interpret “pending” somewhat loosely to cover cases not only where the actual appeal had been filed on or before 30-11-1950, but also cases in which an appeal was subsequently filed. On this question, there is some analogy in the decisions on the interpretation to be given to the definition of ‘a suit to which this Act applies’ in Section 2(22) of the Bengal Money Lenders Act, 1940 That phrase meant ‘any suit or proceeding instituted or filed on or after the first day of January 1939 or pending on that date and includes a proceeding in execution.” It was held that in cases where, although no actual execution case was pending on 1-1-1989, but an execution case could be filed after that date, and was in fact filed on that date it was “a suit to which this Act applies.’ I think, therefore, that we may safely in the present case interpret the word “pending” in is of Act LXII [62] of 1950 to include as case such a the present.

    9. The result is, as I have said, that the appeal was to be disposed of on the basis that the law in force at the time when the decree was passed on 31-8-1950 was the law as it stood amend ed by Act LXII [62] of 1950, and in that view of the matter the decision of the learned Subordinate Judge is entirely correct.

    10. I would also add that it would appear that the present view might also be supported on the basis of the amendment of the definition of “tenant” in Act XVII [17] of 1950 which was made by the amending Act LXII [62] of 1950. The result is that this appeal must be dismissed with costs.

    K.S

    11. Appeal dismissed.

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    Comments

    Radha Ballav Poddar v. Motilal Chanda Sarkar
    (Jul 13, 1951)