CHAPTER III.

Rent Suits.

Consideration for a lease. Immorality of-The consideration for a lease must not be immoral so as to vitiate it under s. 23, Indian Contract Act, IX of 1872.

Suits for rent of houses let to prostitutes.Rent cannot be recovered for a house let to a prostitute for being used as a brothel, Mt. Nur Bux v. Mt. Shib Ratun (P. R., 10 of 1872), nor when she carries on her trade therein, and the plaintiff knew in the beginning of her character.-Gouri Nath v. Madhum, 18 W. R., 445.

In Bholi Baksh v. Mt. Gullia, the Chief Court held that it is a question of fact whether in the particular case the subject-matter of the contract was meant by the plaintiff to be applied to, or used for the defendant's immoral trade, or whether the plaintiff knew that the defendant intended so to apply it, or use it-P. R., 64 of 1876.

In Pirthi Mal v. Mt. Bhagan, the Court, on a reference from a Small Cause Court, found that the plaintiff probably knew that the defendant was a prostitute, but it was not shown that the house was let for the express purpose of being used as a brothel, or that the plaintiff was to have any share in, or receive rent out of, the defendant's earnings as a prostitute, and the agreement was held not to be immoral, and the plaintiff's claim was decreed.-P. R., 2 of 1898.

This ruling takes away much of the stringency of the law, and places landlords at a great advantage.

be used as a brothel.

'Where a house is knowingly let or assigned for the House knowingly let to purposes of a brothel, although it contains an express covenant not to use it as a brothel, the lease is void,-Smith v. White, L. R., 1 Eq., 626, 35 L. J. Ch., 454.

But the obtaining of the lease by fraudulent misreLease fraudulently ob- presentation about the intended use tained about the intended of the demised premises and the

use of property.

subsequent conversion of the house into a brothel by the tenant are no grounds for avoiding the lease.-Feret v. Hill, 15 C. B., 207.

Lease for purposes expressly forbidden by law. The purposes for which a lease is granted must not be illegal, and the covenant for enjoyment does not avail to enable the lessee to insist upon maintenance of his possession. Thus, where part of a building was let for storing gunpowder, and the other part for storing cartridges, and on the passing of the Explosives Act, 1875, making it illegal to store gunpowder and cartridges in the same building, the defendant, on the coming into force of the Act, removed the plaintiff's cartridges out of the building, held, there had been no breach of covenant by the plaintiff, and the grant of liberty to store cartridges in the building did not import warranty of the legality of storing them.-Newly v. Sharpe, 8 Ch. D., 39.

Compare s. 23 of the Indian Contract Act, IX of 1862, which is follows:

The consideration of object of an agreement is lawful unless it is forbidden by law.

In such cases the viniculum juris or the tie of law, which converts an agreement into a contract, does not exist originally or is snapped asunder by law itself.-See Anson, 5th Ed., page 5.

Rent must be certain.-The profits also must be certain, or capable of being reduced to certainty by either party, and must issue out of the thing granted, and not be part of the land or thing itself, wherein rent differs from an exception in the grant, which is always of part of the thing granted. But a royalty payable to a landlord upon his bricks

RENT SUITS

which are made out of a brickfield is a rent, although it is not paid for the produce of the land, which is periodically renewed, but for portions of the land itself which is gradually exhausted by the working.-Woodfall, 14th Ed., p. 391.

Patta. Uncertainty as to amount of rent.An agreement in a patta to pay whatever rent the landlord may impose for any land not assessed, which the temant may take up, is bad for uncertainty.-Ramasami v.

Note to p. 14.

Brothels.

204. (1) On the complaint of three or more inhabitants of a municipality that a house in their immediate neighbourhood, and within the limits of the municipality, is used as a brothel, or by disorderly persons of any description, to the annoyance of the respectable inhabitants of the vicinity, any Magistrate of the first class, having, as such, jurisdlction in the place where the house is situated may summon the owner or tenant of the house to answer the complaint; and, on being satisfied that the house is so used, and is a source of annoyance and offence to the neighbours, may order the owner or tenant to discontinue such use of it ; and, if he shall fail to comply with such order within five days, may impose upon him a fine not exceeding twenty-five rupees for every day thereafter that the house shall be so used.

(2) This section shall not take effect in any municipality until it has been specially extended thereto by the Local Government at the request of the Committee.

NOTE.-The section is extended to Lahore Municipality by Punjab Gazette, notification No. 429, Dated 4th September 1899.

tained about the intended

use of property.

But the obtaining of the lease by fraudulent misreLease fraudulently ob- presentation about the intended use of the demised premises and the subsequent conversion of the house into a brothel by the tenant are no grounds for avoiding the lease.-Feret v. Hill, 15 C. B., 207.

Lease for purposes expressly forbidden by law. The purposes for which a lease is granted must not be illegal, and the covenant for enjoyment does not avail to enable the lessee to insist upon maintenance of his posse.

which are made out of a brickfield is a rent, although it is not paid for the produce of the land, which is periodically renewed, but for portions of the land itself which is gradually exhausted by the working.-Woodfall, 14th Ed., p. 391.

Patta. Uncertainty as to amount of rent.An agreement in a patta to pay whatever rent the landlord may impose for any land not assessed, which the temant may take up, is bad for uncertainty.-Ramasami v. Rajo Gopala, 11 Mad., 200.

According to the definition of rent given in several Rent Acts, it includes service.

"Rent' means whatever is payable to a landlord in money, kind or service, by a tenant on account of the use or occupation of the land held by-him." P. T. Act, XVI of 1887, s. 4 (3).

Service.-In England it has been held that cleaning church and ringing church bell can form a consideration for rent as paid by service.-Blackstone's Commentaries, p. 41. As instances of service tenures the Feudal tenures of Instances of service England and old Jagirdari tenures of India may be cited.

tenures.

Suits for rent fall under three

Classification

of rent

suits.

heads

I.-Suits for house rent.

II.-Suits for ground rent.

III.-Suits for agricultural land.

I.-Suits for house rent up to rupees five hundred must

Suits for house rent.

be bronght in the Provincial Small Cause Court, if the property be

situate within its jurisdiction; s. 15 Act, IX of 1887 (and no other Court has jurisdiction over it), s. 16, Act IX of 1887.

Courts of Small Causes exist at the following places

in the Punjab :