RUP CHAND GHOSE Vs. NARENDRA KRISHNA GHOSE

JUDGEMENT

(1.) This is an appeal by the eighth defendant in a suit for arrears of rent. The only point in controversy between the parties relates to the claim for interest. The defendant contends that he is not liable for the interest, because he made a valid tender of rent to the landlord before the suit was brought and such tender was improperly refused. The Courts below have overruled tins objection and have held him responsible for interest. On the present appeal, the contention has been reiterated that there was a valid tender of rent which was not accepted, because the tenant asked for a receipt in the statutory form. To appreciate the point in controversy, we must refer briefly to the terms of the contract between the parties.

(2.) On the 24th August 1898, Annoda Prasad Mojumdar, represented in this suit by the first seven defendants, obtained a permanent and transferable tenure from the plaintiff. The tenure-holder gave collateral security, at the same time, to the landlord for the rent as also for the due fulfilment of various obligations which he undertook under the terms of the contract. On the 19th March 1904, Annoda Prasad Mojumdar transferred the tenure to Rup Chand Ghose, now appellant before us. Under this conveyance, Rup Chand Ghose undertook to indemnify his vendor if the latter should be ever called upon by the landlord to fulfil his obligations under the terms of the original lease. It was also expressly stated that if the transferee could get his name registered in the books of the landlord, and on himself furnishing security, could obtain a return of the security bond given by the original tenant, the transferee would stand released from his obligation to his vendor. It is common case of the parties that rent was tendered to the landlord on behalf of the transferee, who claimed a receipt whereon his name should be entered as the tenant. The landlord refused to give a receipt in this form and offered to grant a receipt in which Annoda Prasad Mojumdar was to be named as the original tenant and Rup Chand Ghose was to be described as the person in occupation. The transferee declined to accept a receipt in this form. The result was that the money tendered by him was not accepted by the landlord, who subsequently instituted this suit for recovery of arrears of rent with interest and cesses. The substantial question for determination is whether there was a valid tender, as the appellant maintains, or whether, as the landlord contends, the tender was clogged with such conditions as entitled him to refuse the money. This question must be determined with reference to the rights of the parties as they stood at the time when the tender was made. The appellant contends that he was the tenant of the tenure at that time and that under the provisions of the Bengal Tenancy Act he was entitled, on payment of the rent due, to receive a receipt in which his name was bound to appear as that of the tenant. This view has been controverted on behalf of the landlord. In our opinion, the position assumed by the landlord cannot possibly be supported.

(3.) It was ruled by this Court in the case of Kristo Bulluv Ghose v. Kristo Lal Singh 16 C. 642 that the transfer of a permanent tenure under Section 12 of the Bengal Tenancy Act is complete as soon as the document is registered, in other words, as stated in Joy Gobind v. Monmotha Nath. 33 C. 580 a valid transfer under Section 12 of the Bengal Tenancy Act operates to discharge the transferor from the liability to pay rent, which thereupon, passes to the transferee. This view has been accepted as incontestable in a long series of dicisions, amongst which may be mentioned Chintamoni Dutt v. Rash Behari Mondul 19 C. 17; Hemendra Nath Mukerjee v. Kumar Nath Roy 12 C.W.N. 478; Kishori Raman v. Ananta Ram 10 C.W.N. 270 and Girish Chandra Guho v. Khagendra Nath Chattopadhyaya 9 Ind. Cas. 101 : 13 C.L.J. 613 : 16 C.W.N. 64. It follows, consequently, that in the case before us, after the registration of the conveyance executed by the original tenant on the 19th March 1904, the transferee became, by operation of law, the tenant of the tenure and as a necessary consequence the transferor ceased to be such tenant. This does not, however, imply that the transferor was absolved from liability under the terms of the contract between him and the landlord, it is conceivable that a person may cease to be tenant and yet continue liable to his landlord under his personal covenant. What then wore the rights of the transferee in this case? Under Section 56, Clause (3), of the Bengal Tenancy Act every tenant who makes a payment on account of rent to his landlord is entitled to obtain forthwith from the landlord a written receipt for the rent paid by him signed by the landlord; and the receipt and counter-foil must specify such of the several particulars shown in the form of receipt given in Schedule II as can be specified by the landlord at the time of payment. The form of receipt given in the Schedule shows that the landlord must specify the name of the tenant, it follows accordingly that the transferee, when he tendered the rent as tenant, was entitled to claim a receipt with his name thereon as that of the tenant. The demand which he made for a receipt in this form was strictly, in accord with the provisions of the Statute, and the landlord had no valid reason, if he accepted the money, to withhold the receipt in this form. But it has been argued on behalf of the landlord that the decision of the Judicial Committee in Naba Kumari Debi v. Behari Lal Sen 34 C. 902 at p. 908 : 11 C.W.N. 865 : 9 Bom. L.R. 846 : 17 M.L.J. 397 : 4 A.L.J. 570 : 6 C.L.J. 122 : 34 I.A. 160 (P.C.) : 2 M.L.T. 433 shows that the transferee would not have been prejudiced if he had accepted a receipt in the form offered by the landlord and should accordingly have accepted such receipt. There are two obvious answers to this contention. In the first place, the landlord did not propose to give the tenant a receipt containing a statement in the terms mentioned in the judgment of the Judicial Committee. In the second place, the landlord proposed to insert in the receipt a statement which would have undoubtedly compromised the position of the transferee: the landlord proposed to describe the original tenant as still the tenant of the tenure and the transferee as merely the person in occupation thereof. This would imply that the original tenant was still the tenant of the tenure, and that the transferee was not the tenant thereof, although he might be in possession of the land under some arrangement with the tenant. In our opinion, the transferee was entirely within his rights when he demanded a receipt in the form prescribed by the Bengal Tenancy Act with a statement therein that he was the tenant. The landlord must consequently be deemed to have improperly declined to accept the money.