RANJIT CHANDRA CHOWDHURY versus MOHITOSH MUKHERJEE

RANJIT CHANDRA CHOWDHURY versus MOHITOSH MUKHERJEE

The benefit under section 14(3) of the West Bengal Premises Rent Control (Temporary Provisions) Act, 1950, was not available to the tenant as the old tenancy, with its defaults, continued; acceptance of rent did not operate as a waiver of prior defaults nor did a new tenancy come into existence. Section 24 of the West Bengal Premises Tenancy Act, 1956, did not apply retrospectively to affect the substantive rights of the parties in this pending proceeding.

Parties
Appellant: Ranitt Chandra Chowdhury; Respondent: Mohitosh Mukherjee
Jurisdiction
India
Judgment Date
17 March 1969
Procedural Posture
Civil Appeal / Appeal by Special Leave From Calcutta High Court Judgment Dated August 14, 1963
Outcome
Appeal dismissed.
Legal Topics
Eviction, Default in Payment of Rent, Waiver of Forfeiture, Retrospective Operation of Statutes
Landlord and Tenant Rent Control Eviction Default in Payment of Rent Waiver of Forfeiture Retrospective Operation of Statutes

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Parties

Ranitt Chandra Chowdhury

Appellant

Mohitosh Mukherjee

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Calcutta High Court Judgment Dated August 14, 1963

Legal Issues

  1. 1 Whether acceptance of rent by the landlord after default amounted to waiver of earlier defaults and revival of tenancy under the West Bengal Premises Rent Control (Temporary Provisions) Act, 1950.
  2. 2 Whether section 24 of the West Bengal Premises Tenancy Act, 1956 is retrospective and operates to the benefit of the tenant in this case.

Ratio Decidendi

The benefit under section 14(3) of the West Bengal Premises Rent Control (Temporary Provisions) Act, 1950, was not available to the tenant as the old tenancy, with its defaults, continued; acceptance of rent did not operate as a waiver of prior defaults nor did a new tenancy come into existence. Section 24 of the West Bengal Premises Tenancy Act, 1956, did not apply retrospectively to affect the substantive rights of the parties in this pending proceeding.

Court Disposition

Appeal dismissed.

Orders

  • Appeal is dismissed.
  • Each party to bear their own costs throughout.