Ramesh Punam Chand Gandhi & Anr vs Sri Arup Ratan Gooptu
2021 Latest Caselaw 6405 Cal

17.12.2021 Ct. 21

ab

C.O. No. 700 of 2021 Ramesh Punam Chand Gandhi & Anr.

-Vs-

Sri Arup Ratan Gooptu

(Through Video Conference)

Ms. Noelle Banerjee Mr. Dipak Dey Mr. Abhijit Roy ... for the petitioners

Mr. Shaunak Ghosh .....for the opposite party.

Assailing the order no. 43 dated 22.02.2021

passed by the learned 4th Judge, Presidency Small

Causes Court at Calcutta in Ejectment Suit No. 2 of

2015, the defendant tenant has filed the present

revisional application under Article 227 of the

Constitution.

From the material in record it is seen the

predecessor of the plaintiff/opposite party has moved

learned Rent Controller under Section 17 of the West

Bengal Premises Tenancy Act, for fixation of fair rent

in respect of disputed tenancy under the occupation

of the petitioners/defendants. After hearing both

landlord and tenants learned Rent Controller was

pleased to pass following orders:-

1) Fixed fair rent at Rs. 2,250/- per month from

the month of July, 2003.

2) Tenant is liable to pay arrear rent from July,

2003 till the month of January, 2014 in 12 equal

months.

3) The tenant is liable to pay maintenance and

amenities charges to the landlord at the rate of Rs.

225/- per month.

4) The tenant is liable to pay share of municipal

tax as and commercial surcharge as per the provision

of the KMC Act, 1980

5) The landlord is bound to issue duly signed

receipts for the amount received from the tenant.

6) Landlord is bound to keep tenanted premises

in good and tenantable condition and bound to

provide essential supply/service in the tenanted

premises.

7) The fixed fair rent is subject to automatic

increase by 5 per cent every three years.

The defendants tenant being aggrieved by such

order of the learned Rent Controller preferred an

appeal before L.R.T.T. Learned L.R.T.T in O. A. No.

3489/2014 pleased to modify the order passed by the

learned Rent Controller only to the extent that tenant

is a defaulter not from the month of July, 2003 as

held, but from the month of November 2003 and

upheld the other findings of the learned Rent

Controller.

It further appears at the time of hearing of

application under Section 7 (2) of the West Bengal

Premises Tenancy Act, 1997 the learned Court below

has wrongly assessed the interest on the arrear rent

and against which revision was preferred challenging

the order dated 04.05.2017. Hon'ble Co-ordinate

Bench has allowed the C.O. 612 of 2020 and directed

the Court below to assess the interest at the rate of

10 per cent per annum on arrear rent as per

provision of section 7 (1) of the Act of 1997.

Now, by passing the impugned order the learned

Court below appears to have calculated only interest

payable by the defendant tenant on arrear rents

@10% as directed by the Hon'ble Co-ordinate Bench

of this court. Therefore, the landlord and tenants

have come with their own tabulation sheets showing

two different figures towards arrear fair rent from the

month of November, 2003 till December 2019 with

increment at the rate of 5 per cent on every three

years, maintenance charge, share in municipal tax

and commercial surcharge payable by defendants

tenant. Submission of such tabulation sheet showing

charges on different heads by both side lawyers

indicate the learned Court below has failed to

calculate maintenance charge and municipal tax with

commercial surcharge as ordered by learned Rent

Controller while fixing fair rent and left it to the

parties to calculate and accepted the calculation

made by one of them. Order impugned too is silent

about calculation being made under the head

maintenance, municipal tax and commercial

surcharge payable by the tenant.

Clause 19 & 20 of the lease agreement executed

between the parties on 13.05.1986 clearly provides

liability of the tenant to pay occupier share of

corporation tax and urban property tax at the rate

which would be payable and subject to enhancement.

Therefore, it appears the Learned court without

applying its mind has dispose of application under

section7(2) of the Act of 1997. The order impugned

suffers from illegality and materials irregularity and

hereby set aside.

The Court below is once again directed to re-

assess the arrear rent at the fixed fair rent form the

month of November, 2003 till December 2019 along

with interest at 10 per cent per annum on the assess

outstanding rent. The fair rent is subject to

increment at the rate of 5 per cent every 3 years. The

maintenance charge of Rs. 225/- per month from the

month of November, 2003 till December 2019. The

share of tax and commercial charge payable by the

defendant tenant as per provision of KMC Act, 1980.

Such calculation of tax and surcharge payable by

defendant will be assessed on production of tax and

surcharge payment receipts by landlord to KMC in

respect of tenanted premises under the occupation of

the defendant. The Court below is directed to

dispose of the application under Section 7(2) of

the Act 1997 afresh after proper calculation on

the different heads mentioned above separately

within a month from the date of receipt of

communication.

Accordingly C.O. 700 of 2021 is disposed of.

Connected application, if any, stands disposed of.

Interim order, if any, stands discharged.

In view of the order made above affidavits are not

invited. Allegations made shall be deemed be denied.

There will be no order as to costs.

All parties shall act in terms of the copy of the

order downloaded from the official website of this

Court.

Urgent Xerox certified photocopies of this

judgment, if applied for be given to the parties upon

compliance of the requisite formalities.

( Kesang Doma Bhutia, J.)