LexTHE STATE OF WEST BENGAL versus SHAIKH SERAJUDDIN BATLEY. UNION OF INDIA : INTERVENER
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1953 Harman Singh and Others v. Regional Transport Authority, Oalcittta, and Others.· 1953 Nov. 24. 378 SUPREME COURT REPORTS [i954j of Calcutta, then the mere circumstance that by grant of licence at different tariff rates to holders of different taxis and different classes of vehicles some of the exist- ing licence holders are affected cannot bring the case under article 19(1)(g) of the Constitution. For the reasons given above this appeal has no merits and we accordingly dismiss it with costs. Appeal disrnissed. Agent for the appellant : Sulcurnar Ghose. Agent for respondents Nos. 1 & 2: P. K. Bose. THE STATE OF WEST BENGAL v. SHAIKH SERAJUDDIN BATLEY. UNION OF INDIA : INTERVENER [PATANJALI SASTRI c. J., MEHR CHAND MAHAJAN, S. R. DAS, GHULAM HASAN and JAGANNADHADAS JJ.] Indian Independence (Rights, Property and Liabilities) Order, 1947, Arts. 8(2), 9-Rent payable by Province of Bengal before 15th A·ugiist, 1947-Pitrpose of lease exclusive purpose of West Bengal -Liability of West Be,ngal-" Financial obligations," interprCtation of-Object of Art. 9. The liability to pay rent under a lease does not come within the expression 11 financial obligations" in article 9 of the Indian Independence (Rights, Property and Liabilities) Order, 1947. The Province of Bengal took certain premises'on lease on the 6th February, 1947, agreeing to pay a monthly rent of Rs. 1,800 and the purposes for which the lease was entered into were, after 15th August, 194 7, exclusively purposes of the Province of \Vest Bengal : Held, that the liability to pay rent was not a "financial obliga- gation" contemplated by article 9 and the Government of West Bengal was liable under article 8(2)(a) of the abovesaid order to pay the rent which had accrued up to the 15th August, 194 7. Province of 1'Vest Ben.gal v. Midnapnr Zemindari Go., Ltit. (54 O. W. N. 677), Sree Sree Iswar Madan Gopal Jia v. Province of West Bengal (54 0. W. N. 807) and The State of P.nnjab v. L. 111ohanlal Bhayana (A. I. R. 1951 Punj. 382) referred to. CIVIL APPELLATE JURISDICTION: Civil Appeal No. 119 of 1951. Appeal by special leave granted by the. Supreme Coutt of India by its. Order dated 14th December, • 1 S.C.R. SUPR~M:ll] COURT REPORTS 379 1950, from the Judgment and Decree dated the 9th 1963 March, 195?, of the High Cour~ of Ju.dicature at Cal- 7.'he Stat:;,,! West cutta (Harries C. J. and BannerJee J.) m Appeal from Bengal Original Decree No. 162 of 1949 arising out of the v. Judgment and Decree dated the 4th August, 1949, of Shaikh the said High Court (Sinha J.) in its Ordinary Original Scrajuddin Civil Jurisdiction in Suit No. 1502 of 1948. Batley. S. M. ·Bose, Advocate-General of West Bengal, and N. C. Chatterjee (B. Sen, with thein) for the appellant. R. Choudkury. and B. Choudhury for the respond- ent. C. K. Daphtary, Solicitor-General for India (G. N. Joshi and Porus A. Mehta, with him) for the Union of India. 1953. November 24. The Judgment of the Court was delivered by DAS J.-This is an appeal by special leave by the State of West Bengal from the judgment and decree passed on the 9th March, 1950, by a Division Bench of the Calcutta High Court affirming the judgment and decree pronounced by Sinha J. on the 4th August, 1949, in exercise of the ordinary original civil juris- diction of that court. The question for consideration in this appeal is whether on a proper interpretation of articles 8 and 9 of the Indian Independence (Rights, Property and Liabilities) Order, 1947, the appellant can be held liable for payment of rent and taxes for a peyiod priQr to the 15th August, 1947, in respect of a premises which had been taken on lease by the un- divided Province of Bengal. The relevant facts are shortly these. By an inden- ture of lease dated the 22nd February, 1947, the res- pondent demised to the Governor of the undivided Province of Bengal the first, second and third floors of premises No. 73, Dharmatolla Street, in the town of Calcutta for a term of three years commencing from the 1st day of February, 1947, yielding and paying unto the lessor therefor during the said term a monthly rent of Rs. 1,800 only clear of all deductions by equal monthly payments on the 5th day of each and Das J. 380 SUPREME COURT REPOR'l'S [ir/54] 1953 every month for the month immediately preceding Th S -., IV and also the sum of Rs. 150 per quarter towards pay- • tat' o, "' f · '
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