LexBHAGIRATH AGARWAL versus M/S. SIMPLEX CONCRETE & PILES (I) PVT. LTD. & ORS.
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A B c D E F G H [2017) 3 S.C.R. 698 . BHAGIRATH AGARWAL v. M/S. SIMPLEX CONCRETE & PILES (I) PVT. LTD. & ORS. y (Civil Appeal Nos. 7544-7546 of2008) . MARCH 23, 2017 [KURIAN JOSEPH AND R. BANUMATHI, JJ.] FVest Bengal Premises Tenancy Act, 1956 - ss.17(2A), 34 - Denial 1~[ interest for arrears of rent to be paid in installment - Propriety of - Default in payment of rent by respondent-tenant - Ejectment suit by appellanl-landlord - City civil court directed respondent-tenant to pay arrears of rent in installments, howeve1; without any interest thereon - Challenge by appellant in High Court, rejected - On appeal, held: The statutory provision is very clear - Whenever payment of rent including arrears is permitted to be paid in instal/Juents, the statute contemplates 'that the beneficiary shall be granted interest - Thus, once the rent including the arrears is permitted to be paid in i11stall111ents, there is no discretion available with the Court to deny interest - It is the statutory right and entitle111ent of the landlord to get interest - This is irrespective of the iustification or expla11atio1t, if any, available ,for the non- payment - Appella111 shall be entitled to interest. Disposing of the appeals, the Court HELD: 1.1 The statutory provision of Section 17(2A) of the West Bengal Premises Tenancy Act, 1956 is very clear. Whenever payment of rent including arrears is permitted to be paid in installments, the Statute contemplates that the beneficiary shall be granted interest. This is irrespective of the justification or explanation, if any, available for the non-payment. No doubt, under Section 34 of the Act in case the landlord has refused to provide the amenities and in case the tenant spent money for p~oviding the amenities, the said amount, subject to the conditions therein, can be set off. Though, there is such a case set np by the tenant, yet no set off has been granted by the Trial Court, and the tenant was permitted to pay the dues in installments. Once the arrears arc -l1ermitted to be paid in installments, there is no discretion available with the Court to deny interest. It is not a 698 BHAGIRATH AGARWAL v. M/S. SIMPLEX CONCRETE & 699 PILES (I) PVT. LTD. discretionary relief; it is the statutory right and entitlement of A the landlord to get interest. Th~ appellant sh~ll be entitled to interest. [Para 6] · [700-F-H; 701-A] CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 7544- 7546 of2008. From the Judgment and Order dated 29.11.2007 of the High Court at Calcutta in C. 0. No. 2503 of2006 with C. 0. No. 3811 of2006 with C. A. N. No. 7802 of2006 WITH C. A. Nos. 7552-7554 of2008. S.B. Upadhyay, Sr. Adv., Pawan Upadhyay, Mrs. Anish Upadhyay, P. Mishra, Nishan Kumar, Ms. Sharmila Upadhyay, Syed Ali,Ahmad, Syed Tanweer Ahmad, S.S. Bandyopadhyay, Mohan Pandey, Ms. Daisy Hannah, Shekhar Kumar, Adv.s. for the appearing parties. The Judgment of the Court was delivered by KURIAN, J. C. A. Nos. 7544-7546/2008 I. The appellant is aggrieved since he has been denied interest for the arrears of rent vide order dated 22.05.2006 passed by the City Civil Court at Calcutta in the Ejectment Suit No. 717 of I 992. To the extent relevant, the order reads as follows:- ·, "That the petitions filed by the defendant under Section I 7(2) and I 7(2A)(b) of the West Bengal Premises.Tenancy Act are allowed on contest without any cost. The petition filed- by the defendant for abatement of rent is dismissed on contest. The defendant is a defaulter in payment of rent since November, [email protected] 9,000/-permonth. Thus the total defaulting period· is 186 months i.e. since November, 1990 to April, 2006. Thus . the total amount ofrent payable by the defendant is Rs.I 9,000/- x 186 = Rs.35,34,000/-. From the submission of the Id, Lawyer it is available that the defendant already paid Rs.5 lakhs as per order of the Hon'ble Court. So the due amount is Rs.35,34,000/- - Rs.6,00,000/- = Rs.29,34,000/-. The defendant is directed to · pay the above said arrear rents by ten monthly installments @ RSJ,00,000/- per installment along \\'.ith current rent. The last installment wil1 be Rs.2,34,000/-. Each installment is to be paid B c D E F G H 700 SUPREME COURT REPORTS [2017] 3 S.C.R. A within the last working day of each m'onth. The first installment is to be paid by 301h June, 2006." B c D E F G H 2. Since the appellant was denied interest, the matter was pur
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