P.K. Samanta JUDGMENT
P.K. Samanta, J.
1. The West Bengal Premises Tenancy Act, 1997 (hereinafter called as the said Act) has repealed the West Bengal Premises Tenancy Act, 1956. In this petition under Article 227 of the Constitution of India, the landlord as being the defendant in a suit filed by the tenant for declaration of his tenancy right and injunction has raised an interesting question by contending that in view of the said Act, the present suit as above is not maintainable. In other words Civil Court's jurisdiction has been ousted by the said Act to entertain a civil suit far declaration of tenancy right in relation to a premises tenancy governed by the said Act.
2. Mr. S.P. Roy Choudhury, the learned senior advocate appearing in support of the petition on behalf of the defendant landlord only upon reference to the provisions of Sub-section (6) of Section 39 and Section 44 of the said Act has contended that the present enactment has barred the jurisdiction of Civil Courts in respect of matters between landlord and tenant in relation to a premises tenancy save as otherwise expressly provided in the said Act.
3. To deal with the above question it is first necessary to consider the said provisions.
4. Section 39 broadly deals with the powers of Controller. Sub-section (6) of Section 39 merely provides that the Controller may grant temporary injunction in such cases as may be prescribed. Section 44 of the said Act reads thus:
"Section 44. Jurisdiction of Civil Courts barred in respect of certain matters save as otherwise expressly provided in the Act.-No Civil Court shall entertain any suit or proceeding insofar as it relates to fixation of fair rent in relation to any premises to which this Act applies or to eviction of any tenant therefrom or to any other matter which the Controller is empowered by or under this Act to decide and no injunction in respect of any action taken or to be taken by the Controller under this Act shall be granted by any Civil Court."
5. Upon bare reading of the said provisions, it appears that an exclusive jurisdiction has been conferred upon the Controller in matters relating to fixation of fair rent in relation to any premises to which the said Act applies, eviction of any tenant therefrom or to any other matter over which the Controller alone has the jurisdiction by or under the Act. Chapter III of the said Act controls the eviction of tenants. In particular Section 6 of the said chapter empowers the Controller to make or pass an order or decree for the recovery of the possession of any premises in favour of the landlord against his tenant on an application being made to him by the landlord on one or more of the grounds mentioned therein. Chapter VI deals with all matters relating to rent. Other matters to be dealt with by the Controller as per the said Act are matters in relation to the right of special class of landlords to recover immediate possession of premises from their tenant; restoration of possession by the tenant where the landlord has obtained delivery of possession of any premises from his tenant in pursuance of a decree obtained for the purpose of building or rebuilding or for making substantial addition or alteration to the tenanted premises or on the ground of reasonable requirement of the tenanted premises by the landlord, for the reasons stated thereunder and consequences thereof. Under Chapter VIII of the said Act Controller has been given the power to impose penalties for cutting off or withholding of essential supply or service, charging rent in excess of fair rent and for contravention of certain specific provisions of the said Act including making of untrue statement in the application of tenant for deposit of rent or for refusal by the landlord to accept rent or to grant receipt for rent paid without reasonable cause. Chapter IX is the only other chapter of the said Act which deals with repair and taking of measures for maintenance of essential service in the tenanted premises as also the right of the tenant to get supply of electricity to the premises without permission of the landlord, over which Controller exercises jurisdicti........