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Issues Involved:
1. Entitlement to refund based on Rent Control proceedings. 2. Interpretation of "residence" in the context of Rent Control Orders. 3. Applicability of the doctrine of mistake and unjust enrichment. Detailed Analysis: 1. Entitlement to Refund Based on Rent Control Proceedings: The principal question was whether the fixation of fair rent in the Rent Control proceedings entitled the Plaintiff to the refund claimed. The Plaintiff argued that the fair rent fixed by the Rent Controller at Rs. 950/- per month should entitle them to a refund of the excess rent paid at Rs. 2,000/- per month. The Court analyzed various clauses of the House Rent Control Orders issued from 1942 to 1946, which defined the landlord's obligations and tenant's rights concerning excessive rent payments. Clause 6(c) of the 1942 Order and its subsequent amendments were particularly scrutinized. The Court concluded that the provisions of the Rent Control Orders did not justify the Plaintiff's claim for a refund since the term "residence" in Clause 6(c) was interpreted to apply only to residential buildings, not to non-residential buildings like the cinema theatre in question. 2. Interpretation of "Residence" in the Context of Rent Control Orders: The term "residence" was a critical point of contention. The Plaintiff argued for a liberal interpretation, suggesting that "residence" should include any use or occupation of the building. However, the Court referred to various legal definitions and precedents, emphasizing that "residence" typically implies a place where one lives and has a home. The Court noted that the term had different meanings in different statutes and contexts but generally did not extend to non-residential use. The absence of a specific definition of "residence" in the 1943 Notification and its replacement by the word "use" in the 1946 Order indicated a legislative intent to distinguish between residential and non-residential buildings. Consequently, the Court held that the term "residence" could not be stretched to include the use of the building as a cinema theatre. 3. Applicability of the Doctrine of Mistake and Unjust Enrichment: The Plaintiff also argued that if relief could not be granted under the Rent Control Order, it should be available on the grounds of mistake and unjust enrichment. This argument was raised for the first time during the appeal and was not part of the original pleadings or issues. The Court examined the decision in 'Shiba Prasad Singh v. Srish Chandra Nandi' to assess the applicability of unjust enrichment. However, the Court found significant differences between the cases. In the present case, the payments were made voluntarily under a clear contractual obligation without any mistake of fact. The Court emphasized that parties voluntarily entering into a contract are bound by its terms and cannot claim unjust enrichment for payments made under those terms. Therefore, the doctrine of unjust enrichment did not apply, and the Plaintiff's claim on this ground was dismissed. Conclusion: The Court upheld the decision of the lower Court, concluding that the provisions of the Rent Control Orders did not justify the Plaintiff's claim for a refund. The interpretation of "residence" was confined to residential buildings, and the doctrine of unjust enrichment was not applicable to voluntary payments made under a clear contractual obligation. Consequently, the appeal was dismissed with costs.
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