PETITIONER:
MAULAVI ABDUR RUB FIROZE AHMED & CO.
Vs.
RESPONDENT:
JAY KRISHNA ARORA
DATE OF JUDGMENT08/10/1975
BENCH:
UNTWALIA, N.L.
BENCH:
UNTWALIA, N.L.
ALAGIRISWAMI, A.
GOSWAMI, P.K.
CITATION:
1976 AIR 479 1976 SCR (2) 205
1976 SCC (1) 295
ACT:
West Bengal Premises Tenancy Act 1956-Section 20 and
Schedule there-to-Scope regarding jurisdiction vis-a-vis
Section 5(2) of the city Civil, Court Act 1953-Landlord's
need of the business premises for personal use and
occupation for residential purpose is not barred by law.
HEADNOTE:
The plaintiff-respondent obtained a decree in an
eviction suit filed u/s 20 of the West Bengal Premises
Tenancy Act, 1956 on the original side of the Calcutta High
Court on the grounds of "personal use and occupation", which
was confirmed by a bench of the High Court. On an appeal by
certificate of fitness, the defendant-appellant raised the
following contentions:
(i) That the Civil Court at Calcutta and not the High
Court had jurisdiction to try the suit as per section 20 of
the West Bengal Premises Tenancy Act 1956.
(ii) That there could be no reasonable requirement of
the landlord of the suit premises for residential purposes,
as they were being used by the tenant appellant for business
purpose. The requirement of the landlord must exist for the
same purpose to which the premises were being used by the
tenants.
(iii) That in any event the High Court ought to have
decreed the suit for eviction from a part of the premises
only under section 13(4) of the West Bengal Premises tenancy
Act 1956.
Dismissing the appeal, the Court
^
HELD : (i) Section 20 is couched in a language which
does not determine merely the place of suing but affects the
jurisdiction of one court or the other. Triability of the
suit by the High Court excludes the triability by the city
civil court. [207-D]
(ii) If a suit were to be instituted in a court to
which both Section 8 of the Suit Valuation Act 1887 and
section 7(xi)(cc) of the Court Fee Act 1870 would apply, the
nature of the suit both for the purposes of jurisdiction and
court fee will be the amount of rent payable during the
preceding 12 months. But on the original civil side of the
Calcutta High Court the procedure followed and the law
applicable is different. Within the local limits of ordinary
Original Civil Jurisdiction of the Calcutta High Court the
legislature thought to provide that, if the value of the
suit exceeded Rs. 10,000/- it was only entertainable by the
High Court at Calcutta. But apart from the value of the suit
if the value of the suit premises of which the recovery of
possession is claimed exceeds Rs. 10,000/- only the High
Court can entertain such a suit. The intention of the
legislature is that if the value of the premises exceeds Rs.
10,000/- then irrespective of the value of the suit, the
suit can be entertained only by the High Court and not by
the City Civil Court. [207F, G-H, 208-A]
(iii) There is no conflict between Section 5(2) of the
city civil court and Section 20 of the West Bengal Premises
Tenancy Act of 1956 read with its Schedule. The High Court
alone has the jurisdiction to try the suit and not the city
civil court, in the view, either the value of the suits
exceeds Rs. 10,000/-or because of the special provision in
the Act when the market value of the premises (not the value
of the lease held interest) exceeds Rs. 10,000/- [208 F-G]
(iv) The law does not require the landlord must need
the premises for his own occupation only for the purpose to
which they were being put by the tenant. It may well be that
a tenant cannot put the demised premises to any
206
other use. But there is no bar in law in the way of the
landlord requiring the business premises for his residential
occupation and vice versa provided the premises are capable
of being put to different uses. [309-E]
B. Banerjee v. Smt. Anita Pan, A.I.R. 1975 S.C. 1146,
referred to.
JUDGMENT:
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 1937 or
1974.
From the Judgment and Decree dated the 6th August,
1974, of the Calcutta High Court in Appeal from Original
Decree No. 21 of 1972.
Purshottam Chattarjee and Rathin Das for the Appellant.
Govinda Mukhoty and G. S. Chatterjee for the
Respondent.
The Judgment of the Court was delivered by
UNTWALIA, J. The defendant appellant in this appeal by
certificate of the Calcutta High Court is a firm carrying on
business in the town of Calcutta. The plaintiff respondent
filed a suit for eviction of the appellant from the first
and second floors of the building No. 86, Purshottam Rai
Street, Calcutta on the ground that he reasonably required
the suit premises for his own use and occupation and that he
had no other house in or around Calcutta where he could
reside. The suit was instituted on the original side of the
Calcutta High Court. It was contested by the appellant on
several grounds. The learned Trial Judge decreed the suit.
The appellant’s appeal was dismissed by a Bench of the High
Court. It has come to this Court after obtaining a
certificate of fitness from the High Court.
Mr. Purshottam Chatterjee, learned counsel for the
appellant urged the following points in support of this
appeal:
(1) That the High Court had no jurisdiction to
try the suit, Only the City Civil Court at
Calcutta had jurisdiction to try it.
(2) That there could be no reasonable requirement
of the landlord of the suit premises for
residential purpose, as they were being used
by the tenant appellant for business purpose.
The requirement of the landlord must exist
for the same purpose to which the premises
were being used by the tenant.
(3) In any event the High Court ought to have
decreed the suit for eviction from a part of
the premises only in accordance with section
13(4) of the West Bengal Premises Tenancy
Act, 1956-hereinafter called the Act.
The point of jurisdiction of the High Court to try the
suit was very strenuously urged and does need our careful
consideration. The suit in question was instituted in the
Calcutta High Court on the 3rd of October, 1969. After the
institution of the suit the Act stood amended by the West
Bengal Premises Tenancy (Second Amendment) Act, West Bengal
Act 34 of 1969-hereinafter called the Amendment Act. Section
20 of the Act had already been amended by an Amending Act of
1957 (West Bengal Act 27 of 1957). It reads as follows:
“Notwithstanding anything contained in any other
law, a suit or proceeding by a landlord against a
tenant in which re-
207
covery of possession of any premises to which this Act
applies is claimed shall lie to the Courts, as set out
in the Schedule, and no other Court shall be competent
to entertain or try such suit or proceeding.”
The relevant portion of the Schedule runs as follows:
(1) Where the premises are situate on land,
wholly within the Ordinary Original Civil Jurisdiction
of the Calcutta High Court-
(i) Where the value of the suit or the value of
premises of which recovery of possession is
claimed does not exceed ten thousand rupees-to the
City Civil Court as defined in the City Civil
Court Act, 1953 (W.B. Act 21 of 1953);
(ii) Where the value of the suit exceeds ten thousand
rupees-to the High Court at Calcutta.”
Section 20 is couched in a language which does not
determine merely the place of suing but affects the
jurisdiction of the one court or the other. If under the
schedule, the suit is triable by the High Court, the City
Civil Court has no jurisdiction to try it. While, on the
other hand, if the latter had jurisdiction to try it, the
former will have no jurisdiction to do so. The inclusion of
the word ‘proceeding’ in section 20 by the Amending Act of
1957, will not make any difference for the purpose of
determination of the point at issue in this case. The
schedule, however, does not seem to be happily worded. Yet
it is not difficult to spell out the intention of the
legislature.
Under section 8 of the Suits Valuation Act, 1887,
except in few exceptions mentioned therein, the value of the
suit for the purposes of Court fee and jurisdiction is the
same. Under section 7 (xi) (cc) of the Court Fees Act, 1870
the amount of Court Fee payable in a suit for the recovery
of immovable property from a tenant is on the amount of rent
for the suit premises payable for the year next before the
date of presenting the plaint. If the suit were to be
instituted in a court to which the two acts would apply the
value of the suit both for the purposes of jurisdiction and
court fee will be the amount of rent payable during the
preceding 12 months. But on the Original Civil Side of the
Calcutta High Court the procedure followed and the law
applicable is different.
In the instant case the rental was about Rs. 110/- per
month. On that basis the value of the suit ought to have
been Rs. 1320/- only. That being so the suit, according to
the contention of the appellant, was entertainable only by
the City Civil Court and not by the High Court The argument
so presented does not, however, stand scrutiny. Within the
local limits of Ordinary Original Civil Jurisdiction of the
Calcutta High Court the legislature thought to provide that
if the value of the suit exceeded Rs. 10,000/- it was only
entertainable by the High Court at Calcutta. If the value
was below Rs. 10,000/- the City Civil Court only will have
the jurisdiction. But apart from the value of the suit if
the value of the suit premises of which the recovery of
possession is
208
claimed exceeds Rs. 10,000/- then the City Civil Court will
have no jurisdiction to try a suit. Only the High Court can
entertain such a suit. The intention of the legislature
seems to be that if the value of the premises exceeds Rs.
10,000/- then irrespective of the value of the suit, the
suit can be entertained only by the High Court and not by
the City Civil Court.
But that apart, we may also rest our judgment on a
simple basis. Assuming the plaintiff could have valued his
suit at Rs. 1320/- but he chose to value it in accordance
with the value of the suit premises, there was nothing in
law to compel him to put the lower valuation and not the
higher. The value of the suit premises mentioned in the
plaint cannot be said to be contrary to law and the
plaintiff is not obliged to put the 12 months’ rental value.
In the instant case the plaintiff asserted in his plaint
that the value of the suit premises exceeded Rs. 10,000/-.
The defendant asserted in its written statement that the
suit was “under valued”; it ought to have been valued at the
amount of one year’s rent. Perhaps the use of the word
“under-valued” is a mistake for the word “over-valued”. The
statement in the plaint being squarely in accordance with
the law and not contrary to it, the High Court was the
proper forum for the institution and trial of the suit. The
plaint could not be instituted in the City Civil Court.
Mr. Chatterjee also placed reliance upon section 5(2)
of the City Civil Court Act, 1953 as stood at the relevant
time. It says:
“Subject to the provisions of sub-sections (3) and
(4), and of section 9, the City Civil Court shall have
jurisdiction and the High Court shall not have
jurisdiction to try suits and proceedings of a civil
nature, not exceeding rupees ten thousand in value.”
Counsel submitted that according to the said provision
of law the City Civil Court alone will have jurisdiction to
try a suit of a civil nature the value of which does not
exceed Rs. 10,000/-. There is no conflict between section
5(2) of the City Civil Court and section 20 of the Act read
with its schedule. In the view which we have expressed
above, either the value of the suit exceeds Rs. 10,000/- or
because of the special provision in the Act when the market
value of the premises (not the value of the lease hold
interest) exceeds Rs. 10,000/- the High Court alone has
jurisdiction to try such a suit and not the City Civil
Court.
Section 13 (1) (f) of the Act as it stood before it was
amended by the Amendment Act stated the ground of eviction
in clause (f) as follows:
“Where the premises are reasonably required by the
landlord either for purposes of building or re-building
or for making thereto substantial additions or
alterations or for his own occupation if he is the
owner or for the occupation of any person for whose
benefit the premises are held;”
209
By the Amendment Act with retrospective effect, instead of
clause (f) there were brought about two clauses, viz. (f)
and (ff). They run as follows:
“(f) subject to the provision of sub-section (3A)
and section 18A, where the premises are reasonably
required by the landlord for purposes of building or
re-building or for making thereto substantial additions
or alterations, and such building or re-building, or
additions or alterations, cannot be carried out without
the premises being vacated;”
“(ff) subject to the provisions of sub-section
(3A), where the premises are reasonably required by the
landlord for his own occupation if he is the owner or
for the occupation of any person for whose benefit the
premises are held and the landlord or such person is
not in possession of any reasonably suitable
accommodation.”
The constitutional validity of the retrospective operation
of the Amendment Act was upheld in the majority decision of
this Court in B. Banerjee v. Smt. Anita Pan(1). The High
Court has recorded a finding in this case which squarely
covers the requirement of clause (ff) introduced by the
Amendment Act. The learned Trial Judge has found, which
finding was upheld by the High Court, that the respondent
not only required the suit premises for his own occupation
but was not in possession of any other reasonably suitable
accommodation. The law does not require that the landlord
must need the premises for his own occupation only for the
purpose to which they were being put by the tenant. It may
well be that a tenant cannot put the demised premises to any
other use. But there is no bar in law in the way of the
landlord requiring the business premises for his residential
occupation and vice versa, provided the premises are capable
of being put to different uses, as they seem to be in this
case.
Even apropos the last point urged on behalf of the
appellant we find no error in the decision of the High
Court. In view of the provision of law contained in sub-
section (4) of section 13 of the Act, the High Court has
come to the conclusion that it was not a case where the
eviction of the tenant could be ordered only from the part
of the premises. Having appreciated the facts as they were
placed before us by learned counsel for the appellant and
Mr. G Mukhoty, learned counsel for the respondent, we agree
with the conclusion of the High Court in this regard also.
For the reasons stated above, the appeal fails and is
dismissed with costs.
S.R. Appeal dismissed.
210