Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Rent control landlord donation charitable trust |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Rent Control—Donation received by a person for charitable trust—When an offence—Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (Bom. 57 of 1947) S. 18 (1).The appellant was the President, Trustee and Secretary of a Sangh, which was a public trust registered under the Bombay Public Trust Act, 1950, The appellant agreed to grant the lease of a residential block, which was owned by the Sangh, at.a monthly rent of Rs..85.00 in favour of the first respondent on payment of Rs. 3,251/- as donation to the building fund pf the said Sangh, which was paid before the first respondent actually occupied the premises. The appellant was convicted under s. 18 (1) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, by the Presidency Magistrate who held that the amount was received as premium, as a condition precedent for letting the premises. On appeal the High Court held that the aforesaid payment even if it did not come within the expression “‘premium or other like sum” for granting the tenancy of the premises, it was received by the appellant as “consideration other than the standard rent” in respect of the grant of a lease of the premises and dismissed the appeal. The appellant came up by special leave in appeal to the Supreme Court. The question is whether a sum of money paid ostensibly as a donation by a person to the person acting on behalf of the landlord, which was a charitable trust, in respect of the grant a lease of the premises, came within the expression “fine, premium or other like sum or deposit or any consideration other than the standard rent” in-sub-s. (1) of S 18 of the Act.Held, that where the donation has been received In respect of the granting of the lease and not as a free donation for the advancement of the purposes of the Sangh it will come within the expression “premium’’ or “consideration” ins. 18, The consideration can be pecuniary or non-pecuniary.The mere use of the word “donation” dose not take away the effect of the other expressions used which clearly support that the payment was made for the purpose of getting the tenancy of the premises.The appellant was a trustee of the Sangh. He was receiving rent on account and on behalf of the Sangh and clearly therefore he comes within the expression ‘Jandlord” as defined in the Act, The fact that he had acted on behalf of the trust and not for any personal reasons does not affect the question or the appellant’s conduct coming within the provision of s. 18 (1) and can affect only the quantum of sentence. |
Judge | Hon'ble Mr. Justice Raghubar Dayal |
Neutral Citation | 1962 INSC 110 |
Petitioner | Vithal Krishnaji Nivendkar |
Respondent | Parduman Ram Singh & Another |
SCR | [1963] 1 S.C.R. 63 |
Judgement Date | 1962-03-27 |
Case Number | 52 |
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