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TMI Blog2007 (1) TMI 546X X X X Extracts X X X X X X X X Extracts X X X X ..... ree different indentures of lease each for a period of 99 years demised in favour of the appellant M/s Associated Indem Mechanical Pvt. Ltd., three separate industrial sheds bearing nos.Y-76, Y-73 and Y-72 at Baltikuri Industrial Estate, Howrah on 9.2.1970, 26.5.1972 and 31.8.1977 respectively. Clauses 2(f)1, 2(j) and 3(B) of the lease deed which are relevant for the controversy in hand are being reproduced below :- 2(f)1. To use the demised premises as a place for carrying on manufacturing business and/or purposes connected with any manufacturing process including processing, manufacture or assembling of machine, tools, implements, instruments, furnaces, heaters, ovens, scientific apparatus, inventions and other industrial products. 2(j) To start manufacture and production as per Sub- Clauses (f)(1) of this Clause 2, (if not already started) within six months from the date of these presents or within any extended period which may be granted by Government under exceptional circumstances. 3(B). If the rent hereby reserved or any part thereof shall remain unpaid for six months after becoming payable or if any convents on the part of the Lessee herein contained shall not be per ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... learned Single Judge on 16.8.2004 and the said order was affirmed in appeal by the Division Bench on 13.12.2005. It is these orders which are subject matter of challenge in the present appeal. 4. Before we examine the contentions raised by learned counsel for the parties, it is necessary to refer to certain provisions of the West Bengal Government Premises (Tenancy Regulation) Act, 1976. Sections 2(a), (b), (c), (f), 3(1)(2), 4 and 12 of the Act are reproduced below :- 2(a) Government premises means any premises which is owned by the State Government or by a Government undertaking but does not include the official residence of any person authorized to occupy any premises in consideration of the office which he holds under the State Government or a Government undertaking for the time being; (b) Government undertaking means a body corporate constituted by or under a Central or State Act which is under the administrative control of the State Government or in which the State Government has exclusive proprietary interest; (c) premises means any building or hut and includes part of a building or hut and a seat in a room, let separately, and also includes - (i) the g ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ses to which this Act applies. The three provisos which are appended to sub-section (2) of Section 3 of the Act deal with default in payment of rent, renewal of tenancy upon deposit of all arrears of rent together with interest etc. and recovery of arrears of rent, but they are not relevant for the decision of the controversy. Section 13 lays down that no civil court shall have jurisdiction to decide or deal with any question which is by or under the Act required to be decided or dealt with under the provisions of the Act. 5. Shri Ranjit Kumar, learned senior counsel for the appellants has submitted that the Government Premises (Tenancy Regulation) Act, 1976, is applicable only to residential premises and not to industrial sheds which are commercial in nature and the demised premises Y-76, Y-73 and Y-72 being industrial sheds and not residential premises, the provisions of the Act under which the notice for eviction was issued by the Prescribed Authority and possession was sought to be taken over by the Corporation can have no application. In support of his contention, learned counsel has referred to the definition of premises and tenant as given in Section 2(c) and (f) o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (a) is very wide. It means any premises which is owned by the State Government or by a Government undertaking except the official residence of any person authorized to occupy any premises in consideration of the office which he holds under the State Government or a Government undertaking. Therefore, all kinds of premises whether commercial, industrial or residential, if owned by the State Government or by a Government undertaking would be covered by the definition. But, it specifically excludes the official residence of any person authorized to occupy any premises in consideration of the office which he holds under the State Government or a Government undertaking for the time being. 9. It may be mentioned here that the legislature has enacted another Act viz., the West Bengal Government Premises (Regulation of Occupancy) Act, 1984 and here the definition of the word premises as given in Section 2(i) of the Act reads as under:- 2(i) premises means any building, shed or hut, used or intended to be used for residential purposes, and includes part of a building, shed or hut and a room or a seat in a room allotted separately, and also includes - (i) the gardens, grounds, ou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion of the word premises in Section 2(c) employs the word any . Any is a word of very wide meaning and prime facie the use of it excludes limitation. (See Angurbala Mullick v. Debabrata Mullick AIR 1951 SC 293 at 297). The definition of premises in Section 2(c) uses the word includes at two places. It is well settled that the word include is generally used in interpretation clauses in order to enlarge the meaning of the words or phrases occurring in the body of the statute; and when it is so used those words or phrases must be construed as comprehending, not only such things, as they signify according to their natural import, but also those things which the interpretation clause declares that they shall include. (See Dadaji v. Sukhdeobabu AIR 1980 SC 150; Reserve Bank of India v. Pearless General Finance and Investment Co. Ltd. AIR 1987 SC 1023 and Mahalakshmi Oil Mills v. State of Andhra Pradesh AIR 1989 SC 335). The inclusive definition of district judge in Article 236(a) of the Constitution has been very widely construed to include hierarchy of specialized Civil Courts viz. Labour Courts and Industrial Courts which are not expressly included in the definition. (See Sta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appeal filed by the appellant to take a contrary view, namely, that the Act is applicable to residential as well as non-residential premises including industrial sheds. It is necessary to state here that the decision in the case of Blue Print 13 others was challenged by the State of West Bengal by filing an appeal in this Court and the judgment is reported in (2002) 4 SCC 134 (State of West Bengal ors. v. Vishnunarayan Associates (P) Ltd. Anr.). Though the appeal was dismissed but the question as to whether the Act would apply only to residential premises was not decided and was left open, as will be evident from para 23 of the reports. As we have examined the controversy and have come to the conclusion that the Act is applicable to non-residential and commercial premises as well, the contention raised is purely academic in nature and can have no bearing on the fate of the appeal. 13. It may be mentioned here that the Chairman of the Corporation, in pursuance of the order passed by the learned Single Judge in the writ petitions which were filed by the appellant at the earlier stage, after considering the contemporaneous documents and the report of the concerned sub-Assis ..... X X X X Extracts X X X X X X X X Extracts X X X X
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