Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1956: Section 13 West Bengal Premises Tenancy Act Section 17 (2A) and (2B) and 17A to J7D (As inserted by Amendment Act 30 of 1969) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | West Bengal Premises Tenancy Act, 1956: Section 13, Section 17 (2A) and (2B) and 17A to 17D (As inserted by Amendment Act 30 of 1969)-Interpretation of. Tenancy Laws-Rent-Deposit not made within time-Application not made for extension of time within the prescribed period-Power and discretion of Court to extend time-Held, intention of Legislature was to give benefit to tenant-Court has power to extend time-Held, the word 'shall' used in Section 17 (2B) means 'may'-Held, Act is a beneficial legislation-Should be construed liberally so that purpose is fulfilled. Tenants-One of the tenants purchasing building of Landlord-Another tenant not paying rent to the new Landlord-Instead filing suit for specific performance-Subsequent to dismissal of suit application for deposit of rent filed under Section 17(1)-Applications dismissed by Trial~Court but appeal allowed by High Court-Appeal preferred by landlord before Supreme Court-Held, there was no sufficient cause for the tenant for not depositing the rent-On facts no interference was called for with the exercise of discretion by High Court-Leniency shown to tenant should be on heavy costs. The appellant, a tenant, purchased the building of his landlady. The respondent, another tenant of the building, did not pay any rent to the appellant and instead filed a suit for specific performance claiming that there was an oral agreement to sell between himself and the landlady. Thereafter the appellant filed two suits under Section 13 of the West Bengal Premises Tenancy Act, 1956 each for possession of a shop, damage, mesne profits and injunction against the respondent. Subsequent to dismissal of his suit for specific performance the respondent filed applications under Section 151 of the Code of Civil Procedure, 1908 praying that he be allowed to deposit all arrears of rent in accordance with Section 17{1) of the Act. These applications were dismissed by Additional District Judge but appeals preferred by· respondent were allowed.The question for consideration in these appeals is whether a Court has discretion to extend time if a deposit is not made or an application is not made within the time provided in Section 17. On behalf of the appellant it was contended that (i) in view of the provisions contained in sub-section (2B) of Section 17 of the West Bengal Premises Tenancy Act, 1956 Court cannot entertain an application for extension of time after the prescribed period of 30 days; (ii) sub-section (2B) of Section 17 uses the word 'shall' which shows that the provisions thereof are mandatory in nature; (iii) the word 'shall' in the said sub-section cannot be interpreted as 'may'. |
Judge | Hon'ble Mr. Justice S.N. Variava |
Neutral Citation | 2002 INSC 121 |
Petitioner | Sri Shibu Chandra Dhar |
Respondent | Sri Pasupati Nath Auddya |
SCR | [2002] 2 S.C.R. 249 |
Judgement Date | 2002-03-06 |
Case Number | 694 |
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