KUMUDNATH DUTTA Vs. BANGA LUXMI HOSIERY MILLS LTD

JUDGEMENT

(1.) This rule arises out of a proceeding under Sub-section (9) of Section 19, Rent Control Act of 1950, Under that sub-section, the landlord is entitled to "complain to the Controller that the statements in the tenant's application of the reasons and circumstances which fed him to deposit the rent are untrue". The petitioner-landlord's application under the said sub-section has been thrown out by the Rent Controller on the preliminary ground that the two conditions which are pre-requisite for the maintainability of the application, as prescribed in the said Sub-section (9), have not been complied with in the present case. The Rent Controller's decision has been affirmed on appeal by the learned Appellate Judge.

(2.) In my opinion, the decision, complained of, is correct and ought to be affirmed. There is no dispute as to the facts. The notice of deposit was received by the landlord-petitioner on 7-2-1953, The complaint under Sub-section (9) was filed on 5-3-1953. This was admittedly within 30 days as required by 'the second condition, prescribed by the said Sub-section (9). The other condition however, namely, that the complaint has to be made "at the time of filing the petition mentioned in Sub-section (6) or (7)" was not complied with in the present case, as, admittedly., at the time when the complaint was made, that is. On 5-3-1953, there was no petition, filed by the landlord-petitioner, for withdrawal or "payment to him" "of the rent deposited". This petition, I have been told in 'this Court by the petitioner's learned Advocate, was made some time later and long beyond thirty days from the receipt of notice of deposit. Clearly, therefore, the first condition as prescribed by Sub-section (9), has not been complied with and the Rent Controller and the Appellate Judge were both right in throwing out the petitioner's complaint on that preliminary ground.

(3.) It was contended by Mr Eose on behalf of the petitioner that this reading of Sub-section (9) would conflict with the provisions of Sub-section (8), entitling the landlord to withdraw the "rent deposited" within "five years from the date of posting of notice of the deposit". I do not think that that is the correct position. Sub-section (8) prescribes, in effect, the maximum time-limit for the making of an application for withdrawal - pure and simple of the "rent deposited". If, however, the landlord wants' to avail himself of the special right of complaint, given to him in Sub-section (9), he must comply with each of the requisites, laid down in that sub-section, namely, that the complaint must be made "at the time of filing" of the petition or application for withdrawal of the "rent deposited" and "within 'thirty days from receiving the notice of deposif". The combined effect of these two clauses is obviously to put a special time-limit of thirty days from the receipt of the notice of deposit for the making or filing of an application for payment or withdrawal of the "rent deposited", so far as the said application is to form the basis of a complaint under Sub-section (9), as required therein, but that, in my Opinion, hardly presents any conflict with sub-s. The normal period for withdrawal of the "rent deposited" is prescribed in Sub-section (8) of Section 19 and Sub-section (9) only lays down, in effect, a shorter period for this application for withdrawal when the further special right of complaint, given by this subsection, is sought to be availed of and exercised on the basis thereof. The petitioner's final contention is, accordingly, rejected.