RAMATH MOOSA Vs. KUNJIRAMAN

JUDGEMENT

(1.) Revision petitioner is the defendant in SC 6 of 1983 of the Munsiff Court, Badagara. The respondent (plaintiff) filed the suit for recovery of arrears of rent and municipal tax as per Ext.A1 registered rent deed. The learned Munsiff decreed the suit.

(2.) Contention of the revision petitioner is that the Small Cause suit filed against him is not maintainable as it offends S.12 of the Kerala Small Cause Courts Act. It is urged that a suit for specific performance or rescission of a contract cannot be filed as small cause suit and as the suit is filed for the specific performance of the contract it is not maintainable as a Small Cause suit. There is absolutely no merit in the contention as the suit has been filed only for the realisation of arrears of rent and the municipal tax as agreed to by the parties as per Ext. A1.

(3.) Next contention of the revision petitioner is that the respondent cannot claim municipal tax along with arrears of rent as he is entitled to claim only arrears of rent in view of S.8(3) of the Kerala Buildings (Lease and Rent Control) Act. Counsel relied on S.8(3) of the Act and contended that any stipulation in the rent deed other than pertaining to the rent can never be enforced. Ext. A1 specifically stipulates for the payment of monthly rent of Rs. 30/- and the municipal tax. It is difficult to hold that the stipulation regarding the payment of municipal tax would amount to contravention of any of the provisions of the Act. The stipulation to pay the municipal tax cannot be held to contravene Sub-section (1) or Sub-section (2) of S.8. The intention of the legislature is only to prevent the landlord from demanding more than one month's rent as premium or other like sum in addition to the agreed rent. When a tenant has agreed to pay municipal tax along with the rent it is not possible to hold that it contravenes the provisions of the Act. S.8(2)(b) of the Kerala Buildings (Lease and Rent Control) Act interdicts the landlord from claiming, receiving or stipulating for the payment of any premium or other like sum in addition to the rent payable for the building. Proviso to the above Section envisages that where the Rent Control Court has determined the fair rent of a building the landlord shall not claim, receive or stipulate for the payment of any premium or other like sum in addition to such fair rent. The Act allows the landlord to receive rent not exceeding one month's rent by way of advance. S.8(3) can apply only to any stipulation in contravention of Sub-section (1) or (2) of S.8. When the landlord and tenant agree that the latter is liable to pay rent as well as the municipal tax for the building it is not possible to hold that the stipulation for the payment of municipal tax contravenes S.8(1) or S.8(2) of the Rent Control Act.