9911796707
TMI Blog2002 (1) TMI 1324X X X X Extracts X X X X X X X X Extracts X X X X ..... t). The Revisional Court, however, upset the order passed by the Trial Court and passed decree of eviction on account of arrears of rent as well as on the ground of sub-letting. The said order was upheld in the Writ Petition in so far it related to default in payment of rent. The High Court, however, held that the Revisional Court was wrong in substituting its own finding of fact regarding subletting, in exercise of its revisional powers. Therefore, finding of the Trial Court on the point of sub-letting stood restored. The learned counsel for the parties have confined their submissions before us relating to the question as to whether the defendant-appellant had cleared the arrears of rent or not. In this connection, it may be indicated that according to the respondent-plaintiff, the rent of the accommodation in question was ₹ 18 per month. The tenant stopped payment of rent w.e.f. 1.6.1971, but an amount of ₹ 443.50 paise was claimed on account of arrears of rent w.e.f. 15.12.1973 to 4.1.1975 and an amount of ₹ 240.50 paise on account of mesne profit w.e.f. 5.1.1975 till 15.12.1976. It is further averred in the plaint that rent for the period w.e.f. 1.6.1971 to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aring of the suit the tenant unconditionally pays or (tenders to the landlord or deposits in Court) the entire amount of rent and damages for use and occupation of the building due from him (such damages for use and occupation being calculated at the same rate as rent) together with interest thereon at the rate of nine per cent per annum and the landlord's costs of the suit in respect thereof, after deducting therefrom any amount already deposited by the tenant under sub-section (1) of Section 30, the Court may, in lieu of passing a decree for eviction on that ground, pass an order relieving the tenant against his liability for eviction on that ground: Section 30 of the Act reads as follows:- 30. Deposit of rent in Court in certain circumstances:- (1) If any person claiming to be a tenant of a building tenders any amount as rent in respect of the building to its alleged landlord and the alleged landlord refuses to accept the same then the former may deposit such amount in the prescribed manner and continue to deposit any rent which he alleges to be due for any subsequent period in respect of such building until the landlord in the meantime signifies by notice in writi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g to which it shall be deemed that the person depositing the amount has paid it on the date of deposit, to the person in whose favour deposit is made under sub-section (1) and to the landlord in case deposit is made under sub-section (2). It is thus clear that the effect of deposit under two different circumstances as provided under sub-sections (1) and (2) of Section 30, is the same. The deposit is deemed to be payment made by the person depositing to the landlord. That being the position, it is not open to say that a deposit made under sub-section (2) of Section 30 would not be deemed to be payment or rent to the landlord and the same is not liable to be accounted for while considering the amount due. Omission of sub-section (2) of Section 30 in sub-section (4) of Section 20 of the Act, cannot lead to an inference, which would negate or nullify the express and statutory effect provided under sub-section (6) of Section 30 regarding deposits made under Section 30 (2) of the Act. As a matter of fact, it would not at all be necessary to incorporate the effect of sub-section (6) of Section 30 in sub-Section (4) of Section 20 of the Act. The effect of sub-section (6) of Section 30 f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rvations made by Lord Davey, in Canada Sugar Refining Company v. R. (1898) AC P. 375 it reads as follows :- Every clause of a statute should be construed with reference to the context and other clauses of the Act, so as, as far as possible, to make a consistent enactment of the whole statute or series of statutes relating to the subject matter . See also: Gammon India Limited etc. etc. v. Union of India, AIR (1974) SC 960; Mysore State Road Transport Corporation v. Mira Khasivali Ven, (1977) SC 747; Commissioner of Income Tax, Central Calcutta v. National Taj Traders, AIR (1980) SC 485 and Sultana Begum v. Prem Chand Jain, AIR (1997) SC 1006. In O.P. Singhla and Anr v. Union of India and Ors., [1984] 4 SCC 450 at 461 it has been observed:- One must have regard to the scheme of fasiculus of the relevant rules or Sections in order to determine the two meanings of any one or more of them and isolated consideration of a provision leads to the risk of some other inter related provisions becoming OTIOSE or devoid of meaning (emphasis supplied). In the background of what has been held by this Court in the cases referred to in the preceding paragraph, it would only be pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hen the Municipal Board demanded rent from the defendant in 1971 on expiry of lease period of the plaintiff. It is nobody's case that amount deposited under sub-section 2 of Section 30 was any amount other than for the period w.e.f 1971. It is also not understandable as to how it has been observed by the High Court that even after the deposit made under section 30 (2) is taken into account the time barred amount has not been paid. It is not necessary for us nor it would be appropriate to go into the details of the payments made but we find that the Trial Court observed that the defendant deposited ₹ 700 more than what was claimed in the plaint. A total sum of ₹ 648 was demanded in the plaint, whereas the amount deposited was 1510; ₹ 443.50 p. was demanded on account of arrears of rent for the period from 15.12.1973 to 11.1.1975, thereafter, up to 15.12.1976 a sum of ₹ 204.50 as mesne profit for use and occupation. Rent for the period 21.5.1971 to 15.12.1973 had become time barred. There was admittedly a deposit made under Section 30(2) of the Act. We again find that at one place the High Court has observed that the Revisional Court made some observati ..... X X X X Extracts X X X X X X X X Extracts X X X X
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