SUKUMAR BANERJEE Vs. CHAIRMAN CAL IMPROVEMENT TRUST

JUDGEMENT

(1.) The Calcutta Improvement Trust (hereinafter referred to as the said Trust), is the owner of an Industrial Housing Estate at Christopher Road, Calcutta. Flat No.5 in Block II of the said Estate was admittedly allotted in September, 1954 to the petitioner, at a rental of Rs.19/- per month on the basis of an Agreement executed in the prescribed form at the direction of the said Trust in favour of the Estate's Officer of the said Trust, who is now known as Estate's Manager.

(2.) The said agreement, amongst others contains stipulations for the payment of agreed rent for each Calendar month, on or before 12th of the month, for which it is due and the tenancy could be terminated on 15 days notice on either side expiring with a month's notice. There is a further stipulation that the tenant should agree to abide by the Rules appended to the agreement and those Rules would also form part of the agreement in question. The said Rules disclosed that the concerned flats were designed for persons of moderate income and were not built for profit. A less than economic rent has been fixed to make them available to such persons and the tenants would be selected with some care. The said rules lay down further, the rights and obligations of the tenants and has not either mentioned any other scheme under which the tenancy was created or how or under what circumstances the stipulated rent could be enhanced.

(3.) After duly occupying the tenancy in question for a long time, a notice dated 27th January 1972, was received by the petitioner for producing in the office of the said Estate's Manager, a certificate from his present employer stating the exact employment he holds and his total monthly salary for the purpose of proving his eligibility for direct tenancy in respect of the flat. He was further informed that if his wage limit was Rs.350/- per month, he should be allowed to retain the concerned flat after giving a direct tenancy till his wages would reach Rs.500/- per month and only on payment of an additional charge of 10% of the income exceeding Rs.350/- per month.