TOLARAM BARDIA Vs. BRAJAMANI BRAHMANI

JUDGEMENT

(1.) A question of edifying importance, impinging on the 'philosophy' of a piece of rent legislation enacted in the State of Assam, namely, the Assam Urban Areas, Rent Control Act, 1972, for short, the Act, has surfaced in the instant application. Whether in 'urban tenant' as a class is recognisable as a 'weaker' section of the society to invoke any statutory or constitutional presumption inhering liberal interpretation of the Act in his favour? What is the reality? Does the Act not really achieve merely a social purpose and strike reasonable balance between competing considerations affecting rights of not groups but individuals unrelated to their economic status?

(2.) THE kernel facts of the case lie within a narrow compass. The Plaintiff, who is the opp. party in this revision, instituted a suit for eviction of the Petitioner from a house which was let out to him at a monthly rent of Rs. 100/ - and also for recovery of arrear rent. The trial court decreed the suit in toto but in appeal the decree was modified in so far as the arrear rent was concerned. Because, in the meantime after institution of the suit "standard rent" as contemplated under the Act had been fixed and the amount of arrear was accordingly determined on the basis thereof, namely, Rs. 92/ - p.m. Mr. B.K. Acharyya, learned Counsel for the Petitioner has assailed the jurisdictional competence of the trial court to -pass the decree against the Petitioner for his ejectment from the tenanted house on a short but substantial ground and indeed on admitted facts. It is not disputed by Mr. Acharyye that the tenant Petitioner did not pay any rent whatsoever, indeed, even the "standard rent" fixed by the court, Because, according to him he was not liable to pay the same as he had taken the matter in appeal. Reliance is placed by learned Counsel on the expression "lawfully due" occurring in Clause (e) of Section 5(1) of the Act. However, before I quote the said provision it is necessary for me to extract partially some other relevant provisions having a material bearing on the point raised:

(3.) PROCEDURE for determination of fair rent: