PARUL BALA CHANDRA Vs. JAMUNA BALA DASI
LAWS(CAL)-1970-2-22
HIGH COURT OF CALCUTTA
Decided on February 13,1970

PARUL BALA CHANDRA Appellant
VERSUS
JAMUNA BALA DASI Respondents

JUDGEMENT

- (1.) THIS appeal is by the plaintiff and it arises out of a suit for eviction of the defendant on the ground of default. The plaintiff is the owner of premises No. 158 kalighat Road. The defendant is a tenant with respect to one room in the said premises at a monthly rent of rs. 40/ -. The tenant defaulted in payment of rent, from the month of April 1960 to February 1962. At the heatring of the plaintiff's petition under section 17 (3)of the West Bengal Premises Tenancy Act 1956, it transpired that the defendant was a prostitute and she carried on prostitution in the said premises. An objection was raised on behalf of the defendant that as the premises was being used as a brothel, the plaintiff could not recover rent from the defendant. The plaintiff's application under section 17 (3) of the west Bengal Premises Tenancy Act, was however allowed and defence against delivery of possession was struck out. An issue was framed upon these materials "whether the suit was maintainable" ? The trial court found on evidence that the plaintiff had knowledge about the vocation of the defendant. The premises has got six rooms. The remaining five rooms are also occupied by women who are all prostitutes and they carry on their vocation at the said premises. The learned trial judge was of opinion that the room was let out to a prostitute for the purpose of her residence and not for the purpose of prostitution. Therefore contractual agreement between the parties is neither illegal nor immoral and as such it is not hit by section 23 of the Indian Contract Act. Upon this view, the trial court decreed the plaintiff's suit.
(2.) ON appeal, the learned Additional district Judge took a different view and allowed the appeal. The learned Additional District Judge observed that the plaintiff cannot enforce an illegal contract either for the purpose of recovery of rent and damages or for the purpose of getting an order of eviction.
(3.) AN agreement, the consideration or object of which is illegal, immoral or opposed to public policy, is not a contract under the Indian law. A landlord who knowingly lets a room to a prostitute to carry on prostitution there, cannot either recover rent or evict such a tenant in a court of law. The rule which is applicable to the matter is "ex turpi causa non oritur actio".;


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