I quite see that, issue of limitation is a mixed question of fact
and law and the adjudication necessarily can only be done by the fact
The complaint petition illustrate, lastly on 22.3.2007 the
finding Court.
complainant/ respondent No.2 urged the petitioners for execution of the
document, which has not been complied with. The nob- abstant clause in
Section 55, which is a special statute in itself, is indicative that provisions
of Criminal Procedure Code and particularly Section 468 thereof will not be
The requirement of Section 55 is, so long as the tenant/
applicable.
respondent No.2 occupies the premises, the obligation flows to the
petitioners to get the document executed and registered. The offence,
therefore, certainly continues. Section 2(n) of the Criminal Procedure code
contemplate offence which constitute an omission of law for the time being
in force. It also includes any act in respect of which a complaint may be
made.
13.
Law requires the petitioners, in fact, for each continuation of
the lease period to get the document registered, which, as indicated,
having cast an obligation, failure warrants the action. There cannot be a
contest on the legal position indicated in the matter of Udai Shankar
Awasthi Vs. State of Uttar Pradeshi & anr. [ (2013) 2 Supreme Court
Cases 435 ] as referred in para 46 thereof, dealing with a reported case in
the matter of Kishan Singh Vs. Gurpal Singh ( 2010 (8) SCC 775 ). The
complaint petition of the respondent No.2, even if is filed after eviction
proceedings by the petitioners, however, the inherent right in the
respondent No.2 to take recourse to Section 55 of the Rent Act is not
whittled away or foreclosed. The complaint petition cannot be branded as
arduous proceedings.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD
CRIMINAL WRIT PETITION NO.682 OF 2011
Rohit Dinesh Photographer Vs The State of Maharashtra
CORAM: K.U. CHANDIWAL, J.
DATED: 25th April, 2013.
Citation;2014(5) MHLJ317
The petitioners/ landlords of the premises, have sought
2.
quashing of proceedings pending before the learned Judicial Magistrate,
First Class, Aurangabad being S.C.C. No.9242/2007, initiated by the
respondent No.2 for failure to get lease deed agreement registered.
3.
The respondent No.2 has taken godown from the petitioners
As per Section 55 of the
on 1.6.2001 on monthly rent of Rs.1000/-.
Maharashtra Rent Control Act, 1999 (hereinafter referred to as the "said
Act" for short), a duty is cast on the landlord to get the tenancy document
duly registered which is mandatory. According to respondent, in spite of
his request and demand to the petitioners to get executed and registered
the agreement of tenancy, the petitioners avoided the tenancy and hence,
committed an offence under Section 55 of the said Act. The petitioners
question validity, legality of the said process.
4.
Mr. Deshmukh, learned counsel for the petitioners submits,
that the complaint petition is not maintainable. As per an oral agreement
dated 1.6.2001, led the premises to be let out to the respondent No.2. In
order to frustrate proceedings of eviction initiated by the petitioner, the
respondent No.2 has filed afore-referred complaint under Section 55.
Section 468 of the Criminal Procedure Code specifically deals with bar on
taking cognizance after lapse of limitation. As the oral agreement was of
June 2001, the complaint is filed in the year 2007 and on this ground
alone, the complaint petition needs quashing.
5.
Learned counsel for the petitioners has placed reliance to the
judgments in :
2006(3) Mh.L.J. 695
(Neerajkumar Umeshkumar Mor Vs. State of Maharashtra & others)
(b) 2005(4) Bom.C.R. 383
(Raj Prasanna Kondur Vs. Anif Taher Khan & others)
(c) AIR 1987 SC 2195
(Raj Kumar Dey & others Vs. Tarapada Dey & others)
(d) 1981 Cri.L.J. 1813
(Jethmal Himmatmal Jain & others Vs. State of Maharashtra)
(e) (2013) 2 SCC 435
(Awasthi Vs. State of Uttar Pradesh & another)
(a)
The learned counsel says, the delay is to be counted after 8
6.
months from 1.6.2001 and the Supreme Court has extended period in few
of the cases.
7.
Mr. Bhandari, learned counsel for respondent No.2/ tenant
has put emphasis on provisions of Section 55 of the said Act and
canvassed, the act of registration on the landlords being an obligation, its
failure persistently is a recurring cause and consequently, there will not be
any bar under Section 468 or 473 of the Criminal Procedure Code.
8.
Section 55 of the Maharashtra Rent Control Act, 1999
concede as under :
"55. Tenancy agreement to be compulsorily registered:
(1)
Notwithstanding anything contained in this Act or
any other law for the time being in force, any agreement
for leave and licence or letting of any premises, entered
into between the landlord and the tenant or the licensee,
as the case may be, after the commencement of this
Act, shall be in writing and shall be registered under the
Registration Act, 1908.
(2)
The responsibility of getting such agreement
registered shall be on the landlord and in the absence of
the written registered agreement, the contention of the
tenant about the terms and conditions subject to which a
premises have been given to him by the landlord on
leave and licence or have been let to him, shall prevail,
unless proved otherwise.
ig
(3)
Any landlord who contravenes the provisions of
this section shall, on conviction, be punished with
imprisonment which may extend to three months or with
fine not exceeding rupees five thousand or with both."
9.
Reading of Section 55 as a whole, it is obvious that
registration of agreement is a compulsory obligation upon the landlord.
This is categorically envisaged in sub-clause (2) of Section 55, which also
provides that in the absence of written agreement, the terms "the tenant
would advance", would have effect. Sub-section (3) of Section 55 provides
penalty.
10.
Shri Bhandari has placed reliance to the judgments reported
in :-
(i) 1991(2) SCC 141
(Gokak Patel Volkart Ltd. Vs. Dundayya Hiremath)
(ii) AIR 1998 SC 1919
(State of Rajasthan Vs. Sanjaykumar & others)
(iii) AIR 1984 SC 1688
(Bhagirathi Kanoria Vs. State of Madhya Pradesh)
(iv) AIR 1999 SC 2071
(Arun Vyas & another Vs. Anita Vyas)
11.
The judgments relied by Mr. Deshmukh, referred to above,
mostly deal with Sections 23 and 25 of Registration Act, 1908 and the rule
making power of the State. It provides time of presenting documents and
specifies that it should be presented within four months from the date of its
execution.
12.
I quite see that, issue of limitation is a mixed question of fact
and law and the adjudication necessarily can only be done by the fact
The complaint petition illustrate, lastly on 22.3.2007 the
finding Court.
complainant/ respondent No.2 urged the petitioners for execution of the
document, which has not been complied with. The nob- abstant clause in
Section 55, which is a special statute in itself, is indicative that provisions
of Criminal Procedure Code and particularly Section 468 thereof will not be
The requirement of Section 55 is, so long as the tenant/
applicable.
respondent No.2 occupies the premises, the obligation flows to the
petitioners to get the document executed and registered. The offence,
therefore, certainly continues. Section 2(n) of the Criminal Procedure code
contemplate offence which constitute an omission of law for the time being
in force. It also includes any act in respect of which a complaint may be
made.
13.
Law requires the petitioners, in fact, for each continuation of
the lease period to get the document registered, which, as indicated,
having cast an obligation, failure warrants the action. There cannot be a
contest on the legal position indicated in the matter of Udai Shankar
Awasthi Vs. State of Uttar Pradeshi & anr. [ (2013) 2 Supreme Court
Cases 435 ] as referred in para 46 thereof, dealing with a reported case in
the matter of Kishan Singh Vs. Gurpal Singh ( 2010 (8) SCC 775 ). The
complaint petition of the respondent No.2, even if is filed after eviction
proceedings by the petitioners, however, the inherent right in the
respondent No.2 to take recourse to Section 55 of the Rent Act is not
whittled away or foreclosed. The complaint petition cannot be branded as
arduous proceedings.
According to Black's Law Dictionary, "continuing" means
14.
enduring, not terminated by a single act or fact, subsisting for a definite
period or intended to cover or apply to successive similar obligation or
occurrences. Continuing offence means, type of crime which is committed
over a span of time. As to period of statute of limitation in a continuing
offence, the last act of the offence controls for commencement of the
period. "A continuing offence, such that only the last act thereof within the
period of statute of limitations need be alleged in the indictment or
information, is one which may consist of separate acts or a course of
conduct but which arises from that singleness of thought, purpose or
action, which may be deemed a single impulse." So also, a "Continuous
Crime" means "one consisting of a continuous series of acts, which
endures after the period of consummation, as, the offence of carrying
concealed weapons.
15.
In the matter of State of Rajasthan Vs. Sanjaykumar (AIR
1998 SCC 1919), the Apex Court has dealt with scope of Sections 467,
468, 469 of the Criminal Procedure Code. Reverting to facts, it is explicit,
the petitioners were made aware of the obligation to execute the lease
Section 23 of the Registration Act will not flow in favour of the
16.
deed on 22.3.2007, but the agreement was not executed.
petitioners in fact situation, as it deals with limitation for registration of the
documents already written. However, in the instant case, there is no such
document as yet executed by the petitioners in favour of the respondent
No.2. The cases referred by the learned counsel for the petitioners deal
with award of arbitration and consequently, swing on different parameters.
Effect of Section 473 of the Criminal Procedure Code comes into operation
for the fact finding Court to extend period of limitation where a proper and
satisfactory explanation of the delay is indicated and the Court find same
to excuse. Such discretion naturally is with the trial Judge and whether it is
judiciously exercised or not, would be a different conspectus. Section 468
of the Criminal Procedure Code would not create a bar.
17.
Overall survey of the fact illustrate that the complaint petition
moved by respondent No.2 for breach of Section 55 of the Maharashtra
Rent Control Act was maintainable and does not call for interference in writ
jurisdiction of this Court.
Criminal Writ Petition dismissed.
Rule
discharged.
(K.U. CHANDIWAL, J.)
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