BHAGIRATH AGARWAL versus M/S. SIMPLEX CONCRETE & PILES (I) PVT. LTD. & ORS.

BHAGIRATH AGARWAL versus M/S. SIMPLEX CONCRETE & PILES (I) PVT. LTD. & ORS.

The Court ruled that once arrears of rent are permitted to be paid in installments under Section 17(2A) of the West Bengal Premises Tenancy Act, 1956, it is a statutory right of the landlord to receive interest, and the Court has no discretion to deny such interest irrespective of justification for non-payment.

Parties
Appellant: Bhagirath Agarwal; Respondent: M/S. Simplex Concrete & Piles (I) Pvt. Ltd.; Respondent: Others
Jurisdiction
India
Judgment Date
23 March 2017
Procedural Posture
Civil Appeal / Final Appellate Decision
Outcome
Appeal allowed
Legal Topics
Interest on Arrears, Installment Payment of Arrears, Statutory Rights Under Tenancy Law
Tenancy Law Interest on Arrears Installment Payment of Arrears Statutory Rights Under Tenancy Law

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Parties

Bhagirath Agarwal

Appellant

M/S. Simplex Concrete & Piles (I) Pvt. Ltd.

Respondent

Others

Respondent

Procedural Posture

Civil Appeal / Final Appellate Decision

Legal Issues

  1. 1 Whether the Court can deny interest on arrears of rent when payment in installments is permitted under West Bengal Premises Tenancy Act, 1956

Ratio Decidendi

The Court ruled that once arrears of rent are permitted to be paid in installments under Section 17(2A) of the West Bengal Premises Tenancy Act, 1956, it is a statutory right of the landlord to receive interest, and the Court has no discretion to deny such interest irrespective of justification for non-payment.

Court Disposition

Appeal allowed

Orders

  • Appellant shall be entitled to interest under the West Bengal Premises Tenancy Act, 1956
  • No costs