BIJAY KUMAR MANISH KUMAR HUF [PETITIONER(S)] Vs. ASHWIN BHANULAL DESAI [RESPONDENT(S)]

Special Leave Petition (C) No.4049 of 2020

(2JB, J.K. MAHESHWARI and SANJAY KAROL JJ., delivered by SANJAY KAROL, J.)

Facts: The present petitions for special leave to appeal seek to lay a challenge to the judgment and order dated 7th November 2019 passed in C.O.Nos.1582-85 of 2019 by the High Court of Calcutta. The learned Single Judge while deciding the issue as to whether the West Bengal Tenancy Act, 19971 or the Transfer of Property 1 Tenancy Act 2| SLP(C) 4049 of 2020 Act, 18822 was to be applied for framing of the issues in the instant landlord tenant dispute, held that the Tenancy Act would govern the same.

Issue: Whether the suit is maintainable as framed or at all?

Arguments on behalf of counsel for petitioner:

The applicant (petitioner in the SLP) seeks direction for payment of ‘monthly occupational charges’ following the prevalent market rate. The prayer as made, is reproduced below:-

“Direct the Respondent to forthwith pay monthly occupational charges at the rate of INR 41/- (Indian Rupees Forty One) per Square feet, for 1208 Sq.ft = INR 49528/- since August, 2007 during the pendency of the present Special Leave Petition in respect of the present lease in dispute…”

Arguments on behalf of counsel for respondent:

It is submitted on behalf of the respondent that since no court has declared the end of the landlord-tenant relationship, the petitioner-applicant asking the respondent to pay occupational charges as opposed to contractual rent would amount to the re-writing of the tenancy Agreement. Further, it is argued that occupation charges are only payable after the lease is validly determined or after the decree of eviction. Since both these eventualities are yet to occur, no question of such payment arises.

Held: The court held that, “Keeping in view the location of the demised premises, the rent as agreed, the alleged non-payment of rent, the default in payment of interest, as alleged, and other such like factors we are inclined to accept the calculation of dues as made by the petitioner-applicant, submitted to this Court during hearing.”

The court also directed, “the respondent to deposit the above-stated amount of Rs.5,15,05,512/- with the Registry of this Court within four weeks from today. An affidavit of compliance shall be filed in the Registry 18| SLP(C) 4049 of 2020 of this Court within a week thereafter.”