# CHHOTE LAL v. SHRI KEWAL KRISHAN MEHTA

- **Citation:** [1971] 3 S.C.R. 855
- **Court:** Supreme Court of India
- **Decided:** 1971-02-25
- **Case number:** Civil Revision No. 1058 of 1966
- **Bench:** !. D. Dua, V. Bhargava
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/chhote-lal-v-shri-kewal-krishan-mehta-5433
- **Pages:** 4

## Headnote

855
East Ptmjc.b Urban Rem Restriction Act III of 1949-Application
under s. 13 for ejectJnent of tenant-Electricit,v charges lvhetilcr part of
rent for the pzupose of detennining arrears.
c
The appellant was the tenant of premises owned by respondent.
He
""a~ ordered to be ejected from the premises on the ground that he was
in arrears of rent for more than three months and did not tender them
even at the first hearing hy the Rent Controller of the application for
tjectment presented by the landlord under s. 13 of' the East Punjab Urban
Rent Restriction Act III of 1949.
The District Judge dismissed the
tenam·s appeal. ln revision the High Court of Punjab and Haryana pro·
D
E
F
G
ceeded on the basis that on the date of application which was made on
22nd Sept~mber, 1964, the total arrears due from the tenant including
interest and electricity charges amounted to Rs. 497.33 P.
The High
Court was of the view that electricity charges would form part of the
rent. The amount in deposit accordin¥ to the tenant, came to R•. 469.
At this amount did not cover the entire arrears of rent due tho tenant
wua held llnblc to ejectment by the High
Court. The present appcul
w1" flied by spcciul leave.
HELD : In the 11pplic11tion flied by the Jundlord It wu no~here !lated
thnt the arrenrs of electl'icitv churgcs formed part of the rent.
Conie·
quently no issue was frnmcd by the trial court whether the electricity
charges formed part of the tent.
On the face of it, there was no justi·
lication for accepting this new point when it was not pleaded at all in the
original application. [857 DJ
Read correctly even the rent note made it clear that the electricity
charges could not possibly form part of the rent.
Further the amount
,Jue for consumption of electricity each month could only be known at
the end of that month, while. under the ag'reement the rent had to be
paid in advance.
The charges were variable and would depend on the
amount of electricity consumed. If the electric charges were held to be
part of the rent it would lead to the inference that even the rent of the
building was variable and was different each month. In view of these
circumstances it was clear that the District Judge and the High Court
vJent wrong in proceeding on the basis that the electric c..harge formed
pllfl of the rent and that non-payment of electric charges due amounted
to non-payment of arrears of rent. [857 E-858 DJ
Hari Ram Jaggi v. Des Raj Sethi (1966) PL.R. 431, distinguished.
The High Court had accepted that the amount in deposit was enough.·
to cover arrears of :r:ent, in case the electric charges were not treated· as
H
part of the rent. On this finding, the decision of the High Court uphold·
ing the order of eviction could not be justified.
Further, according to
the District Judge there was no deposit or tender even of the amount
of Rs. 469 as claimed by the tenant. In ,the revision before the High,
856
SUPREME COURT REPORTS
[l 971] 3 S.C.R.
Court thil!. finding of the District Judge was assailed by the tenant. The
A
High Court did not examine the propriety or correctness of this finding.
The case, therefore, must be remanded to the High Court for determina·
tion of the question whether the tenant had made a proper deposit or
tender of sum of Rs. 469. In case he had done so he was not in arrears
of rent and was not liable to ejectment. [858E-H]

## Text

A
Il
CHHOTE LAL
v.
SHRI KEWAL KRISHAN MEHTA
February 25, 1971
[!. D. DUA AND V. BHARGAVA, JJ.)
855
East Ptmjc.b Urban Rem Restriction Act III of 1949-Application
under s. 13 for ejectJnent of tenant-Electricit,v charges lvhetilcr part of
rent for the pzupose of detennining arrears.
c
The appellant was the tenant of premises owned by respondent.
He
""a~ ordered to be ejected from the premises on the ground that he was
in arrears of rent for more than three months and did not tender them
even at the first hearing hy the Rent Controller of the application for
tjectment presented by the landlord under s. 13 of' the East Punjab Urban
Rent Restriction Act III of 1949.
The District Judge dismissed the
tenam·s appeal. ln revision the High Court of Punjab and Haryana pro·
D
E
F
G
ceeded on the basis that on the date of application which was made on
22nd Sept~mber, 1964, the total arrears due from the tenant including
interest and electricity charges amounted to Rs. 497.33 P.
The High
Court was of the view that electricity charges would form part of the
rent. The amount in deposit accordin¥ to the tenant, came to R•. 469.
At this amount did not cover the entire arrears of rent due tho tenant
wua held llnblc to ejectment by the High
Court. The present appcul
w1" flied by spcciul leave.
HELD : In the 11pplic11tion flied by the Jundlord It wu no~here !lated
thnt the arrenrs of electl'icitv churgcs formed part of the rent.
Conie·
quently no issue was frnmcd by the trial court whether the electricity
charges formed part of the tent.
On the face of it, there was no justi·
lication for accepting this new point when it was not pleaded at all in the
original application. [857 DJ
Read correctly even the rent note made it clear that the electricity
charges could not possibly form part of the rent.
Further the amount
,Jue for consumption of electricity each month could only be known at
the end of that month, while. under the ag'reement the rent had to be
paid in advance.
The charges were variable and would depend on the
amount of electricity consumed. If the electric charges were held to be
part of the rent it would lead to the inference that even the rent of the
building was variable and was different each month. In view of these
circumstances it was clear that the District Judge and the High Court
vJent wrong in proceeding on the basis that the electric c..harge formed
pllfl of the rent and that non-payment of electric charges due amounted
to non-payment of arrears of rent. [857 E-858 DJ
Hari Ram Jaggi v. Des Raj Sethi (1966) PL.R. 431, distinguished.
The High Court had accepted that the amount in deposit was enough.·
to cover arrears of :r:ent, in case the electric charges were not treated· as
H
part of the rent. On this finding, the decision of the High Court uphold·
ing the order of eviction could not be justified.
Further, according to
the District Judge there was no deposit or tender even of the amount
of Rs. 469 as claimed by the tenant. In ,the revision before the High,
856
SUPREME COURT REPORTS
[l 971] 3 S.C.R.
Court thil!. finding of the District Judge was assailed by the tenant. The
A
High Court did not examine the propriety or correctness of this finding.
The case, therefore, must be remanded to the High Court for determina·
tion of the question whether the tenant had made a proper deposit or
tender of sum of Rs. 469. In case he had done so he was not in arrears
of rent and was not liable to ejectment. [858E-H]
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 1947 ofB
1967.
Appeal by special leave from the judgment ainid order dated
November 20, 1967 of the Punjab and Haryana High Court in
Civil Revision No. 1058 of 1966.
R. V. Pillai, M. L. Aggarwal and N. K. Aggμrwal, for the
C
appellant.
S. P. Sinha and M. V. Goswami, for the respondent.
The Judgment of the Court was delivered byBhargava, J.-This appeal by special leave is by a tenant who
· has been ordered to be ejected on the ground that he was in arrears
of rent for more than three months and did not tender them even
:at the first hearing by the .Rent Controller o.f the application for
ejectment presented by the 111indlord under section 13 of the East
Punjab Urban Rent Restriction Act III of 1~49. The High Court
of Punjab and Haryana in its judgment stated that, admittedly, the
'rent of the premises was fixed at Rs. 20 per month and was to be
paid in advnnce each month. In addition, the rent of the electricity was to be paid separately; In dealing with the case, the High
Court proceeded on the basis that, on the date of the ·application
which was made on 22nd September, 1964, the rent that was in
arrears amounted to Rs. 400 calculated @ Rs. 20 per mensem.
D
E
In addition, Rs. 22.0SP. were due as interest on this amount up
F
to that date, and the costs due could be taken at the figure of
Rs. 25. This totals to a sum of Rs. 447.0SP. It was argued that,
.fa .addition,· a sum of Rs. 50.28P. was due as electricity charges.
The amount in deposit, according to the tenant, came to Rs. 469.
while the various amounts due, mentioned above, made up a total
of Rs. 497.33P. Qn these facts, the High Court further was of
the view that the amount due in respect of electricity charges will
certainly form part of the rent 'and, relying on an earlier decision
of the same Court in Hari Ram Jaggi v. Des Raj Sethi('), it held
that the deposit of Rs. 469 did not cover the entire ·arrears of rent
due. so that the tenant was liable to ejectment. On this view, the
High Court upheld the order of the District Judge directing evic1ion of the tenant-appellant. This appeal is directed against this
order of the High Court.
(I) 1966 P.L.B. 431.
G
H
·'
CHHOTE LAL v. K. K. MEHTA (Bhargava, J.)
857
A
In deciding this case, neither the District Judge nor the High
Court took care to examine the pleadings in the
appl~cation for
eviction put forward by the landlord-respondent, nor did they try
to properly interpret the rent-note containing the terms of the
ten~cy. In para, 1 of the application presented by the landlor~.
it was clearly stated that "the respondent is a tenant of the petitioner at a monthly rent of Rs. 20." There was no mention at this
stage that there was any. other amount which fonned part of the
rent. In clause ( c) of para. 2, it was stated that "the respondent
has installed a separate meter without the consent of the petitioner
thereby causing dama_ge to the property and has failed to pay the
electricity charges ftom January, 1963 to November, 1963 (when
he got a new meter) which come to Rs. S0.28nP." In this pleading,
C
alJ that was claimed was that the landlord was entitled to receive
electricity charges from the tenant. lt was nowhere stated that
these ·arrears of electricity charges fonned part of the rent. Consequently, no issue was framed in the trial Court on the question
whether the electricity charges formed part of the rent or not. For
·o
F
the first time, the appellate Court tuok this point into consideration
and held that the electricity charges formed part of the rent. On
the face of it, there was no justification for accepting this new point
when it was not pleaded at all in the original application. Further.
even the rent note itself makes it clear that the electricity charges
could not possibly form part of the rent. The rent note first mentions that the appellant is taking on rent the premises "on a monthly rent of Rs. 20, douhle of Rs. 10, for residential purposes, for a
period of five months commencing from 1st May, 1954." Thereafter, the rent note, as translated in the paper book. shows that
there was a further agreement as under :-
·
"I shall pay one month's rent in advance and shall
remain paying rent every month in advance. I shall not
sub-let the entire or any portion thereof. I shall pay the
electric charges separately. I shali not make any alteration ..... "
The .agreement to pay the electric charges was, thus, separately
me!11ioned.
In Urd!1, the language in which the rent !IlOte was
•G
scrib4. the w~rd which has been translated as charges was "Kiraya
(. ~ [,)"
)
It is because of the use of this word that the
High Court seems to have held that the electric charges payable .
here P~rt ot the ~ent. It failed to notice that the clause itself said
t at this amount 1n respect of electric charges was to be paid
shparately. Further, .this was not rent for electric fittings, but was
H ! e amount payable m respect of actual electric energy consumed
in each month. The amount due for consumption of electricity
each month c~uld only be known at the end of that month, while.
under the earher. clause of the agreement, the rent had to be paid
858
SUPREME COURT REPORTS
(1971]3 S.C.R
in adva:nce. On the face of it, therefore, the electric charges for a
month could not possibly be paid with the rent.
These electric
charges could not,· consequently, form part of the rent. The
charges were further variable and would depend on the amount
of electricity consumed. No fixed amount was payable in respect
of electricity cha~ges. If electric charges were to be held to be
parf Df the rent, it would lead to the inference that even the rent
of ~·building was variable and was different· each month. In view
of these circumstanq:s, it is clear that the District Judge and the
High Court went wrong in proceeding on the g;isis that the electric
charges formed part of the rent and that non-payment of electric
charges dur amounted to non-payment of arrears of rent.
As we have mentioned ·earlier, the High Court followed the
decisiop of the same Court in the earlier case of Hari Ram
Jaggi(' ). The High Court failed to notice that, in that case, there
was a fixed amount payable every month as electric charges. We
do not consider it necessary to express any opinion whether, in
such a case, the electric charges could or could not form part of
the rent. On the face of it, where the electric charge~ are not fixed
and can· only be ascertained at the end of each month, after t11e
electricity consumed is known, while the rent is payable in advance.
it is clear th.at t~e electric eharges cannot be held to form part of
the rent. The l;iasis, on which that earlier case was decided, does
not, therefore, exist in the present case.
The High Court has accepted that the. amount in deposit was
enough to cover arrears of rent, in case the electric charges are not
treated as part of the rent. On this finding, the decision of the
High Court upholding the order of eviction cannot be justified. It,
however, appears that the District Judge had recorded another
finding against the tenant. According to the District Judge, there
was no deposit or tender even of the amount of Rs. 469. In the
revision before the High Court, this finding of the District Judge
was also assailed by the tenant. The High Court did not examine
the propriety or correctness of this finding. Consequently, it is
necessary that this aspect of the case should be examined by the
High Court.
As a result, we.set aside the order of the High Court dismissing
the revision, and hold that, in case there was a proper deposit or
tender of the sum of Rs. 469 by the tenant, the tenant was not in
arrears of rent and was not liable to ejectment. The case will now
go bac1c to tjle High Court for re-bearing of the revision on the
question whether this sum of Rs. 469 had been te:ndered or deposited in accordance with law so as to s·atisfy the requirements of section 13 of Act m of 1949
The costs of this appeal will abide
the result.
G.C.
Case remanded.
1(1) (1966] PLR 431.
A
B
c
D
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G
H.