Calcutta High Court
Payel Commercial Private Limited vs St. Pauls K. G. & Day School on 3 October, 2023
Author: Arindam Mukherjee
Bench: Arindam Mukherjee
OCD-17
ORDER SHEET
IA No.GA 3 of 2023
In
CS 4 of 2022
IN THE HIGH COURT AT CALCUTTA
ORDINARY ORIGINAL CIVIL JURISDICTION
ORIGINAL SIDE
(COMMERCIAL DIVISION)
PAYEL COMMERCIAL PRIVATE LIMITED
VS.
ST. PAULS K. G. & DAY SCHOOL
BEFORE:
The Hon'ble JUSTICE ARINDAM MUKHERJEE
Date: 3rd October, 2023.
Mr. Debajyoti Basu, Mr. Diptomay Talukder, Mr. Dibyendu Ghosh, Advocates for plaintiff.
Mr. Sukrit Mukherjee, Ms. Sormi Dutta, Advocates for defendant. The Court : In this application for rejection of plaint the defendant has raised a substantial point of law which is required to be considered by the Court keeping in mind the ratio laid down in various judgments passed by this Court. The fact remains that the defendant entered the premises under an agreement dated 1st May, 2001. This agreement was in an era when the West Bengal Premises Tenancy Act, 1997 did not come into effect. An unregistered lease for more than one year has now been held to be a month to month tenancy with the rent agreed. The defendant was not paying the rent prior to termination and the occupational charges subsequent to termination. Going by the provision of Section 3 of the West Bengal Premises Tenancy Act, 1997 the quantum of rent brings the tenancy outside 2 the ambit of the 1997 Act. The defendant, therefore, cannot claim itself to be a statutory tenant. The defendant has to be, therefore, construed as a tenant by sufferer. Whatever may be the ultimate consequence the defendant has to pay the rent and/or occupational charges. The last paid rent though there is some dispute but on being accepted by the defendant was Rs.25,000/-.
The defendant, therefore, is directed to pay the current occupational charges starting from September, 2023 payable by 10th October, 2023 at the rate of Rs.25,000/-. The defendant shall continue to pay this occupational charges month by month by the 10th of the succeeding month for which such occupational charges fall due. So far as the arrear rents and/or occupational charges are concerned, the defendant has raised a point of limitation. In any event the rent and/or occupational charges for three years immediately preceding the date of institution of the suit is not barred by limitation. The defendant is directed to pay the arrear rents and/or occupational charges for the period of three years immediately prior to the date of institution of the suit to the plaintiff at the rate of Rs.25,000/- per month. The aggregate sum for three years will therefore come to Rs.9,00,000/-. The defendant shall add to it a sum of Rs.25,000/- per month from the date of institution of the suit till August, 2023 and pay the aggregate sum in 25 equal monthly instalments. The first instalment shall be paid by 18th October, 2023. The subsequent instalments shall be paid by 10th of each succeeding month. The last instalment will be the balance due after paying the earlier 24 instalments. The payment and acceptance of arrear rents and/or occupational charges shall be without prejudice to the 3 rights and contentions of the parties.
Let this matter appear in the monthly list of December, 2023.
(ARINDAM MUKHERJEE, J.) pa