SMT. PUSPA SEN GUPTA v. SMT. SUSMA GROSE

Case Details & Bench

Court: High Court
Hon'ble Judges: Laut Mohan Sharma
V. RAMASWAMY
SHARMA, J.
Judgment Date: 1990-04-20
Court Decision / Holding: Appeal dismissed; the High Court’s decision confirming eviction is upheld.
Final Disposition: Appeal dismissed.

Parties to the Case

Appellants / Petitioners

SMT. PUSPA SEN GUPTA

Respondents

SMT. SUSMA GROSE

Legal Representation & Advocates

Counsels for Petitioners

• R.K. Garg
• Sopal Singh
• (for the Appellant)

Counsels for Respondents

• Dr. Shanker Ghosh
• H.K. Puri
• A. Deb

Case Synopsis & Summary

This is a Civil Appeal under the West Bengal Premises Tenancy Act, 1956. The appellant tenant deposited Rs.32 per month as rent and Rs.8 per month for electricity. The dispute centers on whether the Rs.8 for electricity constitutes rent and, if not deposited, whether it amounts to a default under the Act. The Trial Court held that non-deposit of the electricity charge did not amount to default; on appeal, the Additional District Judge reversed and decreed eviction; the Calcutta High Court affirmed the decree in second appeal. In appeal to the Supreme Court, the core issue was whether the term 'rent' under the Act includes payments for amenities or services provided by the landlord, such as electricity. The Court held that, although 'rent' is not explicitly defined, the Act indicates that rent includes payments for amenities and services connected with tenancy. Sections 8(3), 34 and 35 were interpreted as signifying that tenancies carrying amenities fall within the Act’s scope to prevent landlords from coercively imposing onerous amenity terms. The Court traced earlier jurisprudence (Residence Ltd.; Karnani Properties; Radha Kishan Sao) and concluded that Radha Kishan Sao is distinguishable, while Karnani Properties was followed and Residence Ltd. approved in part. The appeal was dismissed, upholding the High Court’s decree, thereby affirming eviction for non-payment in the broader sense of rent inclusive of amenity charges.

Provisions of Law Cited

West Bengal Premises Tenancy Act, 1956: Section 8(3)West Bengal Premises Tenancy Act, 1956: Section 34West Bengal Premises Tenancy Act, 1956: Section 35

Submissions & Arguments

Contentions of Appellants / Petitioners

The appellant argued that the rent payable was Rs.32 per month and the Rs.8 for electricity did not form part of the rent obligation; therefore failure to deposit Rs.8 could not amount to default under the Act. The case relied on Radha Kishan Sao to distinguish whether electricity charges were rent or a separate obligation, contending that the statutory framework does not compel deposit of non-rent charges unless they are part of rent.

Contentions of Respondents

The respondents contended that the tenancy included amenities and services (including electricity) provided by the landlord; the Rs.8 charge was a component of rent under the tenancy and its non-deposit constituted default under sections 8(3), 34, and 35 of the Act.

Cited Precedents (3)

Case Name	Citation	Treatment	Explanation
Radha Kishan Sao v. Gopal Modi and Ors.	[1977] 2 S.C.C. 656	Distinguished	The Court distinguished this case as involving an independent contract relating to furniture, not the present tenancy’s rent and amenity charges, and thus not controlling on the issue.
Residence Ltd. v. Surendra Mohan Banerjee & Ors.	A.I.R. 1951 Cal. 126	Partly Overruled / Limited	The Calcutta High Court’s view on including amenities within 'rent' was approved in part by the Court; the decision influenced the interpretation but was not followed wholesale in all aspects.
Karnani Properties Ltd. v. Augustin	[1957] SCR 20	Positive	The Supreme Court followed this precedent in interpreting rent to include certain amenity charges within tenancy provisions.

Extracted Judgment Text

Exact text extracted from official judgment records.

SMT. PUSPA SEN GUPTA A _v._ SMT. SUSMA GROSE APRIL 20, 1990 B [LAUT MOHAN SHARMA AND V. RAMASWAMY, JJ.] ## c D _West Bengal Premises Tenancy Act,_ _1956:_ _Section 8(3),_ _34_ & _35-Non-payment_ _of_ _Rent-Eviction-Rent_ _deposited-failure_ _to_ _deposit additional electricity_ _charges-Held default committed in pay-_ _ment of Rent-' Rent' includes amenities charges._ The respondent-landlord instituted a suit for eviction of the appellant-tenant on the ground of non-payment of rent. The appellanttenant deposited the rent but contested the suit contending that failure to deposit electricity charges was not a default of payment of rent. The Trial Court dismissed the suit holding that failure to deposit electricity charges did not amount to default under the West Bengal Premises Tenancy ·Act, 1956. But on appeal the Additional District Judge reversed the decision and passed a decree for eviction, and the High Court confirmed this decision of the Additional District Judge in second appeal. E In appeal to this Court on the question: Whether the appellant was a defaulter· in the matter of payment of rent., --'\c Dismissing the appeal and confirming the decision of the High Court, this Court, . F HELD: l. Although the expression 'rent' has not been defined, there are indications in the West Bengal Premises Tenancy Act, 1956 to suggest that the word 'rent' includes not only what is strictly understood as rent, but also payment in respect of amenities or services provided by the landlord under the terms of tenancy. [566A-B] ### • -f, G 2. The provisions contained in sections 8(3), 34 and 35 of the Act give a clear indication that the Act contemplates that a tenancy which carries with it certain amenities to be provided or services to be maintained by the landlord is within the purview of the Act. If the Act is not so interpreted, an astu.te landlord may successfully circumvent the provisions of the Act by imposing on the tenant onerous conditions with H reference to supply of amenities as binding terms of the tenancy. [566C-D] 564 SMT. P.S. GUPTA _v._ SMT. S. GHOSE (SHARMA, J.] 565 _Radha Kishan Sao_ v. _Gopa/ Modi and Ors.,_ [1977] 2 S.C.C. 656; distingnished. _Residence Ltd._ v. _Surendra Mohan Banerjee_ & _Ors.,_ A.I.R. 1951 Cal. 126, approved in part. A _Karnani Properties Ltd._ v. _Augustin,_ [1957] S.C.R. 20, followed. B CIVIL APPELLATE JURISDICTION: Civil AppealNo. 3106 of 1989. From the Judgment & Order dated 21.3.89 of the.Calcutta High Court in Appellate Decree No. 939 of i976. R.K. Garg and &opal Singh for the Appellant. Dr. "Shanker Ghosh, H.K. Puri and A. Deb for the Respondent. The Judgment of the Court was delivered b> ## c D ## _-+_ SHARMA, J. This appeal by a tenant of a certain premises in Calcutta is directed against the order of his eviction on the ground of non-payment of rent. The appellant had agreed to pay a sum of Rs.32 per month as rent and an additional sum of Rs.8 per month for electricity. According to the defence of the appellant the rent had been E duly deposited with the Rent Controller in accordance with the West Bengal Premises Tenancy Act, 1956, and he was, therefore, not liable to be evicted. Deposit was made at the rate of Rs.32 and the remaining amount at the rate of Rs.8 was admittedly not deposited. The question which has been debated in the courts below is whether the aforesaid amount of Rs.8 was a part of rent which ought to have been deposited F so as to escape the consequences of default. The trial court agreed with the tenant and dismissed the suit. On appeal, the Additional District Judge, Alipore, reversed the decision and passed a decree for eviction holding that the tenant was a defaulter within the meaning of the term in the Act. The High Court confirmed the decree in second appeal by the impugned judgment. G 2. Mr. Garg, the learned counsel appearing in support of the appeal has strenuously contended that the rent was only Rs.32-and did not include the additional amount of Rs.8 payable in lieu of electricity, and consequently the appellant can not be treated a defaulter in the matter of p_a1n1ent of rent. Reliance has been placed on the decision of H #### 566 SUPREME COURT REPORTS I 1990] 2 S.C.R. A this Court in _Radha Kishan Sao_ v. _Gopal Modi and Others,_ I 1977] 2 ## sec 656. 3. Although the expression 'rent' has not been defined,. there are indications in the present Act to suggest that the word 'rent' includes not only what is strictly understood as rent, but also payment 8 in respect of amenities or services provided by the landlord under the terms of the tenancy. The Act deals with the fixation and revision of fair rent and sub-section (3) of section 8, takes into account furniture if supplied or fittings affixed in the tenement for the use of the tenant, indicating that an agreement between the landlord and the tenant in respect of the additional amenities comes within the scope of the Act. ## c Similarly the provisions of section 34 refer to the maintainance of any essential supply or service (including supply of electricity) and section 35 deals with emergency measures to be taken in respect of matters including additional services. These provisions give a clear indication that the Act contemplates that a tenancy which carries with it certain amenities to be provided or services to be maintained by the landlord D is within the purview of the Act. If the Act is not so interpreted, an astute landlord may successfully circumvent the provisions of the Act by imposing on the tenant onerous conditions with reference to supply of amenities as binding terms of the tenancy. A same view was taken by the Calcutta High Court in _Residence Ltd._ v. _Surendra Mohan_ _Banerjee_ _&_ _Ors.,_ A.I.R. 1951 Calcutta 126; while interpreting 'rent' E under the earlier Rent Act of 1950. So far this aspect is concerned, the relevant provisions of the present Act are not very different. A similar question under the 1950 Act later arose before this Court also in _Karnani Properties Ltd._ v. _Augustin,_ [1957] SCR 20; and the Calcutta High Court's view was affirmed. It may, however, be mentioned at this 8 ## c # -- ### -( F G stage that the view of the Calcutta Bench on another question which does not arise in the present appeal was not approved, but that is wholly irrelevant for the purpose of case before us. So far the decision in _Radha Kishan Sao's_ case relied upon by Mr. Garg is concerned, it is clearly distinguishable inasmuch as the agreement therein relating to the payment for furniture was according to the finding "a quite independent contract unconnected with the original tenancy" (see para 14 of the judgment). Besides, the case was governed by the rent law as applicable in Bihar and not by th!' present Act. We, therefore, confirm the decision of the High Court and dismiss the appeal with costs. T.N.A. Appeal dismissed.