TaxTMI 
TaxTMI 
1956 (11) TMI 29
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....ent and the standard rent fixed at different stages of the proceedings. Those details are not necessary for the determination of these appeals. The undisputed facts are that the appellant is seized and possessed of several municipal holdings collectively known as the Karnani Mansions, 25-A, Park Street, together with adjoining premises situated at the junction of Park Street and Free School Street in the city of Calcutta. There are about 210 flats of different types and shop-rooms in the said Karnani Mansions let out separately to tenants. The tenant in each of the three cases leading up to the appeals in this Court had been inducted by the predecessor-in-title of the appellant. In each case the tenancy consisted of a single room, a bath and a covered verandah. The tenant has also the use of a number of fans, plug points, towel racks, besides a basin, a commode and a glass shelf. The landlord also supplies without any additional charge electrical energy for consumption by the tenant for the use of lamps, fans, radio, ovens for cooking, for ironing, laundering and refrigerators. The landlord is also responsible for repairs of the electric installations and sanitary fittings, as also....
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....ually, though not entirely, to the decision of the Rent Controller and holding that cl. (g) of s. 9 of the Act was not attracted to the facts and circumstances of the cases before the court. He relied upon a Division Bench ruling of the same Court in the case of Residence Ltd. v. Surendra Mohan(A.1.R. 1951 Cal- 126), which, it is agreed at the Bar, is on all fours with the facts and circumstances of the present case. After the rejection by the High Court of of the appellant's petition for a certificate under Art. 133 of the Constitution, the appellant obtained from this Court special leave to appeal on common questions of law. Hence the appeals in each of these three cases have been heard together. In these appeals the learned Solicitor General appearing on behalf of the appellant raised substantially two points for determination, namely, (1) that the Act does not apply to the premises in question in view of the specify incidents of the tenancy as disclosed in the terms of the lease in the standard form as exhibited in Civil Appeal No. 42 of 1955 (Exhibit J) between the appellant and Miss M. Augustin, and as found by the courts of fact below; and (2) alternatively, that if the C....
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.... be supplied to the tenants. In this connection reference was made to the definition of " premises " as contained in the previous legislation like the Calcutta Rent Act (Bengal Act III), 1920, the Calcutta House Rent Control Order, 1943, the Calcutta Rent Ordinance (No. V), 1946 and the West Bengal Premises Rent Control (Temporary Provisions) Act, XXXVIII of 1948, which has been replaced by the Act. It will serve no useful purpose to go into the ramifications of the definitions in the different pieces of legislation which deal with the same subject matter. We have to construe the Act as it stood. The Act has now been replaced by the West Bengal Premises Tenancy Act (Act XII), 1956. But it is agreed at the Bar that we are concerned with the Act as it stood before it was replaced by the Act of 1956. The definition of " premises " set out above is in very wide terms and includes not only gardens, grounds and outhouse, if any, appertaining to a building or part of a building, but also furniture supplied by the landlord for the tenants' use and any fittings affixed to the building, thus indicating that the legislature was providing for all kinds of letting. The definition of " premises ....
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....es itself to. this: whether, if by a stipulation between the landlord and the tenant the' landlord agrees to provide for additional amenities like electric power for consumption and such other facilities, the case is taken out of the operation of the Act. The Act is intended " to make better provision for the control of rents of premises." It has defined "premises" in very wide terms, as pointed out above. Hence it is difficult, if not impossible, to accept the contention that the legislature intended the provisions of the Act to have a limited application depending upon the terms which an astute landlord may be able to impose upon his tenants. In order fully to give effect to the provisions of the statute, the court has to give them the widest application possible within the terms of the statute. Having those considerations in view, we do not think that the ,supply of the amenities aforesaid would make any difference to the application of the Act to the premises in question. In this connection reference may be made to the decision of the -Court of Apeal in the case of Property Holding Co-. Ltd. --v. Clark ([1948] 1 K.B. 630)- and' the case of Alliance Property Co. Ltd. V. Shaffer ....
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....rovided by the landlord under the agreement between him and his tenant. The term "rent" has not been defined in the Act. Hence it must be taken to have been used in its ordinary dictionary meaning. If, as already indicated, the term it, rent " is comprehensive enough to include all payment;. agreed by the tenant to be paid to his landlord for the use and occupation not only of the building and its appurtenances but also of furnishings, electric installations and other amenities agreed between the parties to be provided by and at the cost of the land-lord, the conclusion is irresistible that all that is included in the term "rent" is within the purview of the Act and the Rent Controller and other authorities had the power to control the same. In view of these considerations we overrule the first- contention raised on behalf of the appellant. But the second contention raised on behalf of the appellant, in our opinion, is well founded. "Standard rent" has been defined in el. (10) of s. 2 as follows:standard rent' in relation to any premises means- (a)the standard rent determined in accordance with the provisions of Schedu....
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....f this Act for fixing standard rent apply to any 'Premises, by determining the standard rent at a rate " which is fair and reasonable." It will appear from the terms of the contract between the landlord and the tenant in each case, particularly from clause (1) of the agreement quoted hereinbefore that the land-lord has not only agreed to supply electric and other installations but also electric power and other services for which no separate payment has been stipulated It has not been denied as a matter of fact, counsel for the tenats- respondents clearly admitted-that the rent fixed 'in each case included payment for those additional amenities and services though the amounts in respect of them have been separately shown in the agreement. The rent fixed was a consolidated sum for all those amenities and services, as is clearly stated in para.1 of the agreement set out above' But even after making that concession the learned counsel for the respondents strongly relied upon the decision of a Division Bench of the Calcutta High Court given on Letters Patent Appeal from a judgment of a single Judge of that Court, in Residence, Ltd. v. Surendra A.I.R. 1951 Cal. 126 It has been laid-do....