Civil Appeal No 185 of 1973
Appeal by special leave from the judgment and order dated the 25th April 1972 of the Calcutta High Court in Second Appeal being appeal No 859 of 1969
Sachendra Chowdhary section K Dholakia and R C Bhatia for the appellant
P Chatterjee and Rathim Das for the respondent
The Judgment of the Court was delivered by Goswami J
In this appeal by special leave directed against the Judgment of the Calcutta High Court the only question that arises for 106 consideration is whether the respondent is a thika tenant under section 25 of the Calcutta Thika Tenancy Act 1949
On June 1 1956 the predecessor in interest of the appellants the latter hereinafter to be described as the landlord gave the land with which we are concerned in this appeal to the respondent hereinafter to be described as the tenant for occupation as a tenant on a monthly rent of Rs 75 for one year
One of the conditions of the tenancy was that the premises shall not be used for any purpose other than keeping of the lorries as garage Another condition of the tenancy was that the lessee will on the expiration of one year peacefully surrender and yield up vacant possession to the lessor
 on July 29 1958 the landlord s advocate sent a notice of eviction to the tenant to vacate and deliver possession of the land on the expire of August 1958
The tenant through his advocate by a letter of August 29 1958 denied liability for eviction asserting that there was no violation of any terms and conditions of the tenancy and since there was refusal to accept the rent by the landlord the tenant had been depositing the rent every month from March 1958 under the provisions of the Calcutta Thika Tenancy Act 1949 briefly the Act by which the tenancy was claimed to be governed
Thereafter a suit was filed by the landlord in the court of the 4th Munsif at Alipore on January 15 1959
It is not necessary to trace the history of the litigation covering this long period
it is sufficient to state that the High Court by its judgment on April 25 1972 allowed the tenant s second appeal holding that he is a thika tenant within the meaning of section 25 of the Act
According to the High Court the tenant does not require any consent of the landlord to erect a structure on the land
The result was that the court of Munsif had no jurisdiction to entertain the suit the matter being within the cognizance of the Controller appointed under the Act Mr Sachin Chowdhary appearing on behalf of the appellants fairly and if we may say so rightly confined his argument to the principal question of law as set out above Is the tenant a thika tenant under the Act  If the answer is yes the landlord is out of court
Before we proceed further we may briefly note that the tenant constructed certain structures on the land prior to the institution of the suit in 1959
Mr Chowdhary however drew our attention to an observation in the judgment of the High Court to the effect that admittedly the defendant respondent herein at his own cost constructed in 1962 structures upon the bare land which he took for the purpose of his business Since the year of construction had not been particularly agitated in the courts below and there is evidence to show that the construction had commenced from 1957 we are not prepared to give undue importance to this observation about the year of construction mentioned in the judgment
This is particularly so in view of the fact that the tenant through his lawyer in reply to the notice of eviction asserted in August 1958 that 107 my client has constructed the structures and has done such other things as are needful for the purpose of the keep in lorries and other vehicles in the garages and making of necessary repairs of the same as well as upkeep and main tenance of the same for carrying on his business in transport service  Further even so although there is a reference to this reply of the advocate of August 29 1958 in para 8 of the plaint there is no denial of the construction of the structures as asserted in the said reply
Being faced with this factual position Mr Chowdhary strenuously contended that under section 25 of the Act erection of structures by the tenant must be with the permission of the landlord
In other words says Mr Chowdhary the erection should be lawfully done and if the tenant does not establish permission or consent of the landlord in the matter there is no erection in the eye of law within the meaning of section 25 
We will therefore read that section
25  thika tenant  means any person who holds whether under a written lease or otherwise land under another person and is or but for a special contract would be liable to pay rent at a monthly or at any other periodical rate for that land to that another person and has erected or acquired by purchase or gift any structure on such land for a residential manufacturing or business purpose and includes the successors in interest of such person but does not include a person   As the definition shows 1 a thika tenant must be a person who holds land under another person 2 it may be under a written lease or otherwise 3 there is a liability to pay rent to the landlord but for a special contract to the contrary and 4 he has erected or acquired by purchase or gift any structure on such land for a residential manufacturing or business purpose
The tenant here fulfils the requisite ingredients of the above definition clause
There is no reference to landlord s permission or consent for erection of structure by the tenant in the definition clause
Mr Chowdhary submits that it is implicit in the definition that in order to be lawful erection of structure the tenant must take prior permission from the landlord
Counsel further submits that whatever is silent in the Act should be supplemented by reference to the Transfer of Property 108 Act briefly the TP Act
In this context Mr Chowdhary draws our attention to section 1080 of the TP Act which may be set
Out the lessee may use the property and its products if any as a person of ordinary prudence would use them if they were his own but he must not use or permit another to use the property for a purpose other than that for which it was leased or fell or sell timber pull down or damage buildings belonging to the lessor or work mines or quarries not open when the lease was granted or commit any other act which is destructive or permanently injurious thereto According to Mr Chowdhary the purpose of the tenancy being that the premises shall not be used for any purpose other than keeping of lorries as garage construction of structures for the purpose of running a workshop which is the admitted factual position would attract section 1080 of the TP Act
He therefore submits that the case is squarely governed by the provisions of the Transfer of Property Act and the court of Munsif had jurisdiction to entertain and decree the suit
We may however note in passing that one of the grounds on which a thika tenant may be ejected under unmended section 3ii is that the tenant has used the land in a manner which renders it unfit for any of the purposes mentioned in clause 5 of section 2 or that he has broken a condition consistent with this Act on breach of which he is under the terms of the contract liable to be ejected
We are unable to agree that the particular condition of the tenancy referred to by Mr Chowdhary militates against the construction of structures and the use of the land for the purpose of workshop for maintenance of the lorries by the tenant
Without being too hypertechnical ordinarily keeping of lorries as garage would connote the concept of construction of some structures for garaging the lorries
The Chambers Dictionary gives the meaning of garage as the building where motor vehicles are housed or tended
 The Shorter oxford English Dictionary gives the meaning of garage as a building for the storage or refitting of motor vehicles
 We are therefore unable to accept the submission that even on the terms of the tenancy as pointed out the tenant has used the land for a purpose other than that for which it was leased to attract the inhibition of section 1080 of the TP Act
We are also unable to accede to the contention that section 25 of the Act requires a thika tenant under the law to secure prior permission of the landlord for erection of structures on the land
As the preamble shows the Act is for making better provision relating to the law of landlord and tenant in respect of thika tenancies in Calcutta
it is a piece of beneficial legislative conferring certain rights upon the tenants
In dealing with such provision of law we cannot read into the definition some thing which is not already there and the introduction of which will lead to imposing a restriction upon the rights of this class of tenants by judicial interpretation
This is not permissible in absence of express words to that effect or necessary manifest intendment
Besides we do not find any vagueness or uncertainty
in the definition clause
The submission is therefore of no avail
109 We are not required to deal with the question whether the structures which stand on the land are permanent or not as this point had not been agitated in the courts below
But we may in passing notice that in view of section 108p of the TP Act since the lessee must not without the lessor s consent erect on the property any permanent structure except for agricultural purposes the State Legislature has by amending the Act by Act No 29 of 1969 inserted section 10A conferring a right upon a thika tenant to erect a pucca structure for a residential purpose with the previous permission of the Controller
We are however not required to consider such a question in this appeal
Mr Chowdhary also relied upon a contemporaneous letter written by the landlord to the tenant on June 1 1956 which was found by the courts below to contain interpolation by the tenant with regard to the according of permission to construct structures on the land
We however do not think that this would have any bearing on our
interpretation of section 25 
In the result the appeal fails and is dismissed with costs
PHP Appeal dismissed


Summary:
In 1956 the landlord let out for one year the land in question to the tenant on a monthly rent of Rs 75 
One of the conditions of the tenancy was that the promises should not be used for any purpose other than the keeping of the lorries as garage
The landlord asked the tenant to vacate by a not to quit
the landlord filed a suit for eviction which was resisted by the tenant on the ground that he was a Thika tenant under Calcutta Thika Tenant 1949
The High Court held that the tenant was a Thika tenant
The definition of a Thika tenant is a tenant who has erected or acquired by purchase or gift any structure on such land for residential manufacturing or business purpose and includes the successors in interest of such person
Admittedly in the present case the tenant has erected a structure
The counsel for the appellant landlord contents that since the structure was erected by the tenant without the permission or the landlord it is not a lawful erection of structure
The Thika Tenancy Act does not talk about the consent of the landlord
The Court therefore must look t the Transfer of Property Act where section 108o prohibits the premises to be used for any purpose other than the one for which it is let out
According to the appellant the premises were let out for garage and therefore the erection of  structures for the purpose of running the workshop would attract section 108o of the Transfer of Property Act
 HELD Negativing the contention of the appellant The tenancy in question does not militate against the construction of structures and use of the land for the purpose of workshop for maintenance of lorries by the tenant
A garage is a building where motor vehicles are housed
The tenant has not used the land for purpose other than the purpose for which it was leased
S25 of the Act does not require a Thika Tenant to secure prior permission of the landlord for erection of structures on the land
As the preamble shows the Act is for making better provision relating to the law of land lord and tenant in respect of Thika tenancies
It is a piece of beneficial legislation Conferring certain rights upon the tenants
in dealing with such a provision of law we cannot read into the definition something which is not already there and the introduction of which will lead to imposing a restriction upon the rights of this class of tenants by judicial interpretation
Besides there is no vagueness or uncertainty in the definition clause
108 E H