RAJANI KANTO ALIAS MADHUSUDAN GHOSE Vs. SM. NILIMA DUTTA & ANR.
LAWS(CAL)-1976-1-44
HIGH COURT OF CALCUTTA
Decided on January 01,1976

RAJANI KANTO ALIAS MADHUSUDAN GHOSE Appellant
VERSUS
SM. NILIMA DUTTA And ANR. Respondents

JUDGEMENT

- (1.)The plaintiff opposite party has brought a suit for eviction against the defendant petitioner in the Sadar Mursif's court at Suri in respect of a premises situated at Sainthia, district Birbhum. The defendant petitioner after entering appearance in the aforesaid eviction suit brought by the opposite party filed a petition under section 17(2) of the West Bengal Premises Tenancy Act, 1956 The learned Mursif, Suri, has rejected the said application under section 17(2) filed by the present petitioner on the ground that the Wast Bengal Premises Tenancy Act,. 1956 does not extend to Sainthia Mouza as the same has not been constituted as a municipality under the provisions of the Bengal Municipal Act, 1932. The petitioner obtained the present Rule against the said order.
(2.)Mr. Ganguly, learned Advocate for the petitioner, has submitted before me that Sainthia mouza has been admittedly declared to be a notified area by a notification under section 93A of the Bengal Municipal Act 1932. According to Mr. Ganguly the said area must be deemed to be within a municipality under Sec. 93C(2). Mr. Ganguly has submitted that the provisions of the West Bengal Premises Tenancy Act therefore extend to Sainthia.
(3.)Having given my anxious consideration to the matter, I am unable to uphold the above submission of Mr. Ganguly. Sub-section (3) of Sec. 1 of the West Bengal Premises Tenancy Act,1956 gives the extent of the said Act. Thus, it "extends to the whole of Calcutta and to all areas which have been or may hereafter be constituted municipalities under the provisions of the Bengal Municipal Act, 1932 : Provided...". Part II, Ch. II, of the Bengal Municipal Act 1932 deals with the creation of municipalities. Sec. 6(1) inter alia provides for issue of notification by the State Government declaring its intention to constitute any town...a municipality or to abolish or alter limits of a municipality. Sec. 7 deals with consideration of ejection. Sec. 8 confers powers upon the State Government to constitute, abolish or alter limits of a municipality by publication of notification. It is not disputed that in the instant case the State Government did not declare under section 6 its intention to constitute Sainthia a municipality and the said area under Sec. 8 has not been constituted a Municipality. But the State Government constituted Sainthia as a notified area under section 93A. Such constitution of a notified area is not equivalent to the constitution of a municipality under section 8 of the Act. Thus the Bengal Municipal Act creates a different procedure for constitution of notified areas. Sec. 93A (1)(i) itself provides that a notified area may be constituted in respect of 'any area which docs not fulfil the conditions for being constituted a municipality under this Act.' The State Government has been given power to constitute newly developing towns and areas in which new industries have been or are being established as notified areas. Sec. 93 D(i) empowers the State Government to convert a notified area into a municipality. Sec. 93 E contains consequential provisions in case of such conversion of a notified area into-a full-fledged municipality. Sec. 93C provides for the consequences of the applications of the Bengal Municipal Act to a notified area. The expression".,.operate as if the notified area were a municipality and as if the powers and duties of the Commissioners of a municipality were vested in the notified area Authority'' are in the nature of deeming provisions and they also establish that except for such deeming provisions a notified area is not one and the same as a municipality constituted under section 8. I am not prepared to extend legal fiction in section 93C (2) except to the extent provided in the statute itself. When the statute clearly expresses an intention to treat a notified area as a municipality only to a limited extent the petitioner cannot contend that Sainthia has been constituted into a Municipality and the West Bengal Premises Tenancy Act has been extended to Sainthia. Mr. Sakti Nath Mukherjee, appearing on behalf of the opposite party, drew my attention to the definition of 'municipality' in section 3(34) of the Bengal Municipal Act, 1932 and correctly pointed out that section 3, which is in the nature of interpretation provision, begins by saying- "unless there is anything repugnant in the subject or context,". Chapter II of the Bengal Municipal Act clearly provides for the mode and manner of constitution of municipalities. Sec. 1(3) of the West Bengal Premises Tenancy Act does not provide that the Act would extend to areas which are municipalities as defined in section 3(34) of the Bengal Municipal Act but the Act extends only to areas which have been constituted Municipalities under Bengal Municipal Act 1932. I have already quoted the language of section 1(3) of the West Bengal Premises Tenancy Act which uses the expression "............... constituted municipalities under the provisions of the Bengal Municipal Act, 1932". I have already held that the constitution of a municipality can be made only by fulfilling the provisions of Chapter II of the Bengal Municipal Act. In the absence of such compliance with Ch. II of the Act a notified area constituted under section 93A is not a municipality notwithstanding extension of some of the provisions of the Bengal Municipal Act to the area concerned. Mr. Ganguly, appearing on behalf of the petitioner, submitted before me that unless the West Bengal Premises Tenancy Act be extended to Sainthia, the tenants occupying premises in the said area would suffer hardship I am unable to consider the submission in view of the clear language of the statute.
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