Celica Developers (P) Limited Vs Wadhwana (Calcutta High Court)
Calcutta High Court held that fixed monthly AC charges is an essential component of “rent” thus rent goes beyond the ceiling limit and thus is excluded from the purview of the West Bengal Premises Tenancy Act, 1997. Hence, appellant is entitled to a decree of eviction.
Facts- The appellant, claiming the respondent to be a lessee under the Transfer of Property Act, filed Title Suit No. 554 of 2008, for eviction of the respondent on the basis of a notice under Section 106 of the Transfer of Property Act, 1882. On the other hand, the respondent filed Title Suit No. 1973 of 2008 for declaration that it is a monthly tenant and for permanent injunction restraining the appellant from interfering with its electricity supply. By the impugned judgment and decree, the appellant’s suit for eviction was dismissed and the declaratory suit of the respondent was decreed, thereby holding that the respondent is a premises tenant under the West Bengal Premise Tenancy Act, 1997 and granting permanent injunction as prayed for by the respondent.
The bone of contention in the appeals is whether the respondent is a monthly tenant under the 1997 Act or a lessee under the Transfer of Property Act. The respondent contends that the rent of the suit property, which has been let out for commercial purpose only, falls within the ceiling limit of Rs.10,000/- in terms of Section 3 (f)(i) of the 1997 Act, and, as such governed by the said statute. On the other hand, the appellate claims that the rent includes the total amount payable by the tenant/respondent for enjoyment of the suit premises which, over and above the basic rent of Rs. 2,000/- per month, includes the air-conditioning (for short, “AC”) charges amounting to Rs. 11,000/-per month, and the defendant/respondent’s share of municipal rates and taxes. Calculated in such manner, the rent goes beyond the ceiling limit and thus, is excluded from the purview of the 1997 Act.
