Point of dispute in the instant matter was applicability of UP Rent Act of 1972. The tenancy was terminated after service of termination notice under Section 106 of the Transfer of Property Act. The trial court had decreed the Court holding that the tenancy was validly terminated.
The major point of difference was the amount of rent – tenant claimed it to be below Rs. 2000/- whereas landlord claimed to be above. This amount was the line diving applicability of Rent Act and Transfer of Property Act.
The rent receipts proved in the instant matter included payment towards house, water, sewer tax etc. and rental towards fixtures and fittings and sum amount was well above the above cap and the receipts thus clearly indicated the lump sum amount paid towards rent without any bifurcation of the amount towards house, water and other taxes or towards rent of fixtures and fittings.
It was held that even as a matter of common knowledge fixtures and fittings generally form part of the building and are not separable from it. Premises cannot be let out without its fixtures and fittings and the rent of the premises let out includes all fixtures and fittings unless specifically separated. Therefore, the rent of a building ordinarily includes charges, if any, paid towards fixtures and fittings. Rent is the consideration paid for use and occupation of property and in broader sense, it is the compensation or fee paid, usually periodically, for the use of the rented property, land, buildings, equipment and the like.
[Baleshwar Singh vs. K. P. Singh]
(Allahabad HC, 12.11.2014)