The only question to be considered is whether the maintenance charges could have been directed to be paid under Over XV-A of the Code as prayed for by the defendants.
From the aforesaid averments it is clear that the plaintiff has admitted that it is liable to pay maintenance charges of Rs.25,000/- per month during the period of Leave and Licence agreement. As stated above the said agreement specifically refers to various amenities provided by the licensor and with a view to enable the licensee to enjoy the same the plaintiff is required to pay Rs.25,000/- per month.
10. The provisions of Section 7(14) of the said Act define the term "standard rent". The standard rent in the present case has not been determined under Section 8 of the said Act. However reading of both the agreements on the basis of which the plaintiff has been inducted as a licensee indicates that besides the amount of licence fees, it is also liable to pay maintenance charges and failure to pay maintenance charges gives a cause of action to the licensor to terminate the licence.
In Puspa Sen Gupta vs. Susma Ghose (1990) 2 SCC 651 while considering the provisions of West Bengal Premises Tenancy Act, 1956 and the question whether the tenant was liable to pay amount of Rs.8/- per month towards electricity besides Rs.32/- as rent, it was observed that the expression "rent" was not defined under relevant Act. However on reading the entire Act, the word "rent" would also include payment in respect of amenities or services provided by the landlord under the term of tenancy. It was observed that considering various provisions a tenancy would carry with it amenities to be provided or services to be maintained by the landlord and hence the amount of rent would include the amount of electricity charges. Drawing support from the aforesaid observations it can be said in the facts of the present case that the plaintiff was liable to pay maintenance charges besides license fees. This has infact been admitted by the plaintiff in its written statement to the counter-claim. In that view of the matter the trial Court was not justified in refusing to direct the plaintiff to pay Rs.25,000/- per month towards maintenance charges. The impugned order therefore is liable to be modified accordingly.
Bombay High Court
WRIT PETITION NO.3553 OF 2019
CORAM : A. S. CHANDURKAR, J.
Judgment pronounced on : November 08, 2019
Citation: 2020(6) MHLJ 313
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