Translating an Ambiguous Rent Clause
A shop lease deed executed in Ranchi is in Hindi. The operative clause reads: 'किरायेदार द्वारा मकान मालिक को तीन माह का किराया अग्रिम देय होगा तथा किरायेदार किसी भी समय एक माह की सूचना देकर कब्जा छोड़ेगा।' The English draft prepared by the landlord's advocate says: 'The tenant shall pay three months' rent in advance and may vacate at any time after one month's notice.' The tenant paid ₹90,000 as 'advance' at ₹30,000 per month. After 14 months he gives one month's notice and asks for refund of ₹90,000, saying it was a security deposit adjustable against future rent. The landlord refuses, saying the three months' rent was advance rent and non-refundable, and that 'कब्जा छोड़ेगा' means the tenant must hand over vacant possession only after clearing all dues. The tenant's English-speaking counsel relies on the English draft; the landlord relies on the Hindi original. The court must decide the refund and the date from which possession must be delivered.
1. Translate the Hindi clause accurately and identify the words that create ambiguity.
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Accurate translation. 'The tenant shall pay three months' rent in advance to the landlord, and the tenant shall, at any time, after giving one month's notice, relinquish possession.'
Ambiguities. First, 'अग्रिम' means advance, but it does not say whether the payment is advance rent, a security deposit, or a non-refundable deposit. Second, 'कब्जा छोड़ेगा' literally means 'shall leave or relinquish possession'; it does not say 'shall hand over vacant possession only after clearing all dues'. Third, 'किसी भी सामय' is qualified by one month's notice. Fourth, the English draft says 'may vacate', which is permissive, while the Hindi 'छोड़ेगा' can be read as an obligation to relinquish on notice. The English draft also omits the word 'advance' in the sense of prepayment and adds no forfeiture clause.
Legal relevance. The court should not treat the English draft as the operative text unless it is shown to be a signed translation adopted by both parties. The Hindi original, being the executed document, governs.
2. How should the court interpret the clause and decide the refund and possession?
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Interpretation. The court should ascertain the intention from the words actually used and the surrounding circumstances. The clause speaks of three months' rent 'in advance'. Advance rent is rent paid before it falls due; it is not, without clear words, a non-refundable deposit or a penalty. There is no forfeiture clause. The landlord's oral assertion that it is non-refundable cannot override the document.
Refund. The tenant gave one month's notice after 14 months. The advance of ₹90,000 covers three months. One month's rent is adjusted for the notice period; the balance of ₹60,000 is for a period after possession is delivered. In the absence of a forfeiture clause, the landlord must refund ₹60,000. The tenant cannot recover the entire ₹90,000 because one month's rent is earned.
Possession. The tenant must deliver vacant possession after the one-month notice period. The landlord cannot insist on 'clearing all dues' as a precondition unless the lease says so. Refund and possession are reciprocal; the court can direct simultaneous delivery and refund.
Ambiguity. If any doubt remains, the clause was drafted by the landlord and should be construed against the drafter. Section 74 of the Contract Act is not attracted because there is no penalty; this is a simple refund of unadjusted advance.
3. Draft the operative portion of a bilingual order recording the translation and the finding.
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Operative order (English). The Hindi clause is translated as: 'The tenant shall pay three months' rent in advance to the landlord, and the tenant shall, at any time, after giving one month's notice, relinquish possession.' The English draft is not the executed text and does not control. The tenant shall deliver vacant possession on the date one month after the notice. The landlord shall refund ₹60,000 after adjusting one month's rent. Both acts shall be simultaneous.
आदेश का संचालक भाग (हिन्दी). हिन्दी खंड का अर्थ यह है कि किरायेदार मकान मालिक को तीन माह का किराया अग्रिम देगा तथा एक माह की सूचना देकर किसी भी समय कब्जा छोड़ेगा। अंग्रेजी मसौदा कार्यपालक दस्तावेज नहीं है और उसका नियंत्रण नहीं माना जाएगा। किरायेदार सूचना के एक माह पश्चात खाली कब्जा सौंपेगा। मकान मालिक एक माह का किराया समायोजित करके ₹60,000 वापस करेगा। दोनों कार्य एक साथ होंगे।
Reason. The order records the accurate translation, rejects the landlord's non-refundable claim for want of a forfeiture clause, and protects the tenant from eviction without refund.