B. N. Mutto & ANR Vs. T. K. Nandi
[1978] INSC 243 (29 November 1978)
KAILASAM, P.S.
KAILASAM, P.S.
DESAI, D.A.
KOSHAL, A.D.
CITATION: 1979 AIR 460 1979 SCR (2) 409 1979
SCC (1) 361
CITATOR INFO :
D 1982 SC1518 (15,17) D 1984 SC 458 (8)
ACT:
Delhi Rent Control Act, 1958 Ss. 14(1)(e),
14A and 25B(5)-Scope of.
HEADNOTE:
Section 14 of the Delhi Rent Control Act,
1958 prohibits a court from making any order or decree in favour of a landlord
for recovery of possession of any premises except under certain circumstances.
One of the grounds on which the landlord can make an application to the Rent
Controller for recovery of possession is provided in s.
14(1)(e) of the Act is that the premises let
for residential purposes are required bonafide by the landlord for occupation a
a residence for himself and that the landlord has no other reasonably suitable
residential accommodation.
In September, 1975 the Central Government
decided that Government servants who owned houses in the Union Territory of
Delhi should, within three months from 1st October, 1975, vacate Government
accommodation let out to them. By the Delhi Rent Control Act (Amendment)
Ordinance, 1975 the Act was amended and eventually the Amendment Act, 1976
replaced the Ordinance. By a deeming provision the Act came into force on the
date of the Ordinance i.e. 1st December, 1975.
Section 14A which was added by the amendment
Act provides that a, land- lord who, being a person in occupation of any
residential premises allotted to him by the Central Government is required to
vacate such residential accommodation on the ground that he owns in the Union
Territory of Delhi a residential accommodation, a right shall accrue to such
landlord to recover immediately possession of the premises let out by him. Section
25B provides for special procedure for disposal of application for eviction
under s. 14(1) (e) and s. 14A, Section 25B provides that when an application is
filed by the landlord under either s. 14(1)(e) or s. 14A, the tenant shall not
contest the prayer for eviction unless he files an affidavit and obtains leave
from the Controller. Sub-section (5) requires that the affidavit filed by the
tenant should disclose such facts as would disentitle the landlord from,
obtaining, an order for the recovery of possession of the premises on the
ground specified in s. 14 (1)(e) or s. 14A.
The appellant (landlord) let out his
residential accommodation in New Delhi to the respondent (tenant). The landlord
was a Government servant who had been allotted Government accommodation in New
Delhi. On 9th December. 1975 the Government issued a notice to the landlord
calling upon him to vacate Government accommodation allotted to him. Tn the
meantime the landlord retired from service on 30th November, ]975. On 9th
December, 1975 the landlord filed a petition for eviction of the tenant from
his house. The tenant raised three objections as to the maintainability of the
petition: (i) that the landlord could not invoke the provisions of s. 25B(5)
because he was not a Government servant on the date of the petition; (ii) that
since the ground on 8-978SCI/78 410 which eviction was sought in the petition
was the same which had already been filed by the landlord and was pending
before the Rent Controller, the petition could not be entertained, and (iii)
that the premises occupied by him were let out for residential or professional
purposes and therefore the landlord was not entitled to ask for eviction as the
premises were not let for residential purposes alone.
The Rent Controller rejected all the
contentions and refused leave to the tenant to defend the landlord's eviction
petition. He held that (i) the question whether the landlord was a Government
servant or not on the date when the notice was received and on the date when he
filed a petition was irrelevant so long as he satisfied the requirements laid
down in s. 14(1), (ii) the ground for eviction under s. 14A was a new cause of
action and different from the one raised in the previous petition and,
therefore the petition was not barred, (iii) it was not necessary for an
application under s. 14(1) that the building should have been let for
residential purposes as required under s. 14(1) (e), it is sufficient if the
landlord required the premises for residential accommodation .
Allowing the tenant's revision, the High
Court held that since the landlord had retired from service On 30th November,
1975 before the Ordinance came into force, the tenant was not liable to vacate
the premises independently of his ownership in the Premises in dispute.
Allowing the appeal.
HELD: 1 (a) Section 14A does not require that
the person who was in, occupation of the premises allotted by the Government
should be a Government servant. The policy decision of 9th September. 1975
related only to Government servants who were in occupation of premises allotted
to them by the Government. But later the Government seemed to have realised
that some provision should be made to get possession of the premises let to
persons other than Government servants and who owned their own houses in Delhi
and whose premises had been let out to tenants. Although the circular dated 9th
September, 1975 as well as the notice served by the Government on the landlord
support the view that the intention of the Government was to enable only those
Government servants who were in occupation of Government accommodation and who
owned houses to get immediate possession . s. 14A does not restrict the right
to recover immediate possession to Government servants alone. Therefore, taking
into account the object of the Act, the meaning of the word "person"
cannot be confined to Government servants because Government accommodation was
provided not only to Government servants but to others as well. [417C-F] Nihal
Chand v. Kalyan Chand lain. [1978] 2 SCR 183 at p. 190, referred to.
(b) It is not necessary in a petition for
eviction under s. 14A to specify that the premises were let for residential
purpose only. The words used in s. 14A are clearly different. This section
contemplates the owning by the landlord in Delhi of a residential
accommodation. If he owns a residential accommodation he had the right to
recover immediately possession of any premises let out by him. If the premises
were one intended for residential accommodation it would not make any
difference if the premises were let for residential as well 411 as other
purposes. Evendif the residential accommodation was let for professional or
commercial purposes, the premises would not cease to be for residential
accommodation.
Moreover the requirement in s. 14(1)(e) that
to enable the landlord to recover possession the premises ought to have been
let for residential purposes is not found in s. 14A(1).
[421A-C] Busching Schmitz Private Ltd. v. P.
T. Mengham & Anr. [1977] 3 SCR 312, referred to.
2. The submission that as a previous
application for possession by the land lord was pending, a petition under s.
14A would not be permissible has no force
because the grounds on which the application for possession was file under s.
14A(1) Are different and ale based on special rights conferred on the class of
persons who occupied Government accommodation. [421D] (a) The scope of s. 25B
is very restricted, for leave to contest can only be given if the facts are
such as would disentitle the landlord from obtaining an order for recovery of
possession on the ground specified in s. 14A. Leave to contest an application
under s. 14A(1) cannot be said to be analogous to the provisions of grant of
leave to defend envisaged in the C.P.C. [422C & A] (b) The provisions of s.
25B and s. 25C are applicable to both applications under s. 14(1)(e) and under
s 14A. By the introduction of s. 25C the condition imposed in s. 14(6) is
varied. The condition imposed under s. 14(6) is made not applicable to persons
who satisfy the requirements under s.
14A meaning thereby that this restriction
will be applicable only to an application under s. 14(1)(e). Section 25C(2)
makes it clear that not only in the case of an application under s. 14(1)(e)
but also under s. 14A the term of six months prescribed in s. 14(7) is reduced
to two months. By prescribing a specific period of two months under s. 25C(2)
it is made clear that even an applicant under s. 14A would have to satisfy the
conditions laid down by s.25C, that is, period of two months should elapse
before the landlord is' entitled to obtain possession from the date of an order
for recovery of possession. [423D-G]
CIVIL APPELLATE JURISDICTION: Civil Appeal
No. 2302 of 1977.
Appeal by Special Leave from the Judgment and
Order dated 6th December. 1976 of the Delhi High Court in Civil Revision No.247
of 1976.
Rameshwar Nath, for the Appellant.
G. L. Sanghi. S. S. Ray, S. R. Agarwal,
Praveen Kumar and B. Mohan for the Respondent.
The judgment of the Court was delivered by
KAILASAM. J.-This appeal is by special leave by the landlord against; the
judgment of the High Court of Delhi whereby it allowed a revision of the
respondent-tenant and set aside the order of eviction passed by the Rent
Controller, Delhi, rejecting the application of the respondent seeking
permission to contest the proceedings for eviction filed by tile appellants
under section 14(A)(1) of the Delhi Rent Control Act.
412 The appellant, Shri B. N. Muttoo,
Inspector General of Police, Leased the property No. F-9, East of Kailash, New
Delhi, to the respondent from 15th September, 1972 at a monthly rent o.` Rs.
2,200/- exclusive of electricity and water charges. The lease was for the use
of the premises for residential and/or professional purposes only and not for
commercial purposes. The lease agreement was renewed from time to time and the
respondent became a monthly tenant under the Delhi Rent Control Act, 1958. On
18th July, 1974 the landlord filed a petition for eviction of the respondent on
the grounds OF mis user, subletting and bona fide requirement. The petition was
registered as Suit No. 182 of 1974 and is still pending.
The first appellant, B. N. Muttoo, retired as
Inspector General of Police on 30th November, 1975. While in office he was
occupying premises bearing No. C-II/ 77 Moti Bagh I, New Delhi, allotted to him
by the Government. On 9th September, 1975 the Government took a decision that
Government servants who own houses in the locality should vacate the Government
accommodation allotted to them within 3 months from 1st October, 1975. On 9th
December, 1975 a notice was served on the first appellant by the Deputy
Director (Admn.) stating that the Government by its Office Memorandum No.
12031(1)/ 74-Pol.II dated 9th September 1975 required all Government officials
who, own houses in Delhi and New Delhi and have also been allotted I`
Government. residence to vacate the Government residence before the stipulated
date failing which penal rate of licence of market rate shall be charged
besides necessary action to evict him from the Government residence. On the
same day the appellant filed the present Suit for eviction of the respondent.
On 16th January, 1976 the respondent applied 'or leave to defend. On 10th
March, 1976 the Rent Controller refused leave and decreed the suit filed by the
landlord. A revision petition was filed by the respondent before the High Court
which allowed the revision and set aside the order of the Rent Controller and
remanded the proceedings to the Rent Controller for disposal according to law.
Against the order of the High Court allowing the revision by the respondent the
present appeal has been preferred to this Court by the landlord.
The question that arises in this appeal is
whether the Rent Con troller was right in refusing leave to the respondent to
defend the eviction petition filed by the landlord.
In order to appreciate the point that arises
for consideration it is necessary to refer to the relevant provisions of the
Delhi Rent Control Act. Delhi Rent Control Act (Act 59 of 1958) came into force
on 413 31st December, 1958. By Chapter III the right of the landlord to evict
the tenant was restricted. Section 14 prohibited any order or decree for
recovery of possession of any of the premises being made by any court in favour
of a landlord except under certain circumstances. The landlord was required to
make an application to the Controller for recovery of the possession on one of
the grounds mentioned in sub-clauses (a) to (1) in section 14(1). The
provisions of section 14(1)(e) which are relevant may be referred to:-
"14. (1) Notwithstanding anything to the contrary contained in any other
law or contract, no order or decree for the recovery of possession of any
premises shall be made by any court or Controller in favour of the landlord
against a tenant:
Provided that the Controller may, on an
application made to him in the prescribed manner, make an order for the
recovery of possession of the premises on one or mote of the following grounds,
namely:- (a) X X X (b) X X X (c) X X X (d) X X X (e) that the premises let for
residential purposes are required bona fide by the landlord for occupation as a
residence For himself or for any member of his family dependent on him, if he
is the owner thereof, or for any person for whose benefit the premises are held
and that the landlord or such person has no other reasonably suitable
residential accommodation:
Explanation the purposes of this clause
"premises let for residential purposes" include any premises which
having been let for use as a residence are, without the consent of the
landlord, used incidentally for commercial or other purposes;
By the Delhi Rent Control Act (Amendment)
Ordinance (No. 24 of 1975), 1975 the Delhi Rent Control Act was amended. the
Ordinance was eventually replaced by the Delhi Rent Control (Amendment) Act No.
18 of 1976. The Amending Act continued the provisions of the Ordinance but
extended the summary procedure which was applicable to section 14(1)(e) to
evictions on the ground set out in section 14A of the Act. The Amending Act
came into force on February 9, 1976 but by virtue of sub-section (2) of section
1 it was 414 deemed to have come into force on 1st December, 1975 i.e. On the
date on which the Ordinance came into force. Section 14A conferred a right to
recover immediate possession of premises to certain persons. The amended
section 14A(1) reads:
"(1) Where a landlord who, being a
person in occupation of any residential premises allotted to him by the Central
Government or any local authority is required, by, or in pursuance of, any
general or special order made by that Government or authority, to vacate such
residential accommodation, or in default, to incur certain obligations, on the
ground that he owns, in the Union territory of Delhi a residential accommodation
either in his own name or in the name of his wife or dependent child, there
shall accrue, on and from the date of such order, to such landlord,
notwithstanding anything contained elsewhere in this Act or in any other law
for the time being in force or in any contract (whether express or implied),
custom or usage to the contrary, a right to recover immediately possession of
any premises let out by him:" This section confers on a landlord who owns
a residential accommodation. in his own name or in the name of his wife or
dependent child in the Union territory of Delhi and was in occupation of any
residential premises allotted to him by the Central Government or any local
authority and is required by any general or special order made by the
Government or the authority to vacate such residential accommodation or in
default to incur certain obligations on the ground that he owns a residential
accommodation in Delhi either in his own name or in the name of his wife or
dependent child, a right shall accrue to such landlord to recover immediate
possession of any premises let out by him.
Apart from conferring rights under section
14A a summary procedure for trial of applications made under section 14(1)(e)
and section 14A is provided under sections 25A, 25B and 25C. Section 25A
provides that the provisions of Chapter IIIA which contains sections 25A, 25B
and 25C and any rule made there under shall have effect notwithstanding
anything inconsistent therewith contained elsewhere in this Act or any other
law for the time being in force. The special procedure for disposal of
application for eviction under section 14(1)(e) and section 14A is prescribed
by section 25B. The procedure envisaged is that when an application under
section 14(1)(e) 415 or Section 14A is filed by the landlord the Controller
shall issue summons in the prescribed form. Sub-section (4) to section 25B
restricts the right of the tenant to defend by providing that the tenant shall
not contest the prayer for eviction from the premises unless he files an
affidavit stating the grounds on which he seeks to contest the application for
eviction and obtains leave from the Controller. In default of his appearance in
pursuance of the summons or his obtaining such leave, the statement made by the
landlord in the application for eviction shall be deemed to be admitted by the
tenant and the applicant shall be entitled to an order for eviction on the
ground aforesaid.
Sub-section (5) to section 25B states the
conditions under which the Controller shall give leave to the tenant to contest
the application. It requires that the affidavit filed by the tenant should
disclose such facts as would disentitle the landlord from obtaining an order
for the recovery of possession of the premises on the ground specified in clause
(e) of the proviso to sub-section (1) of section 14, or under section 14A. When
once the leave is granted to the tenant to contest the application the
Controller shall commence hearing of the application as early as practicable.
The introduction of section 14A became
necessary as the Government took a decision on 9th September, 1975 that the
Government servants who own houses in the Union territory of Delhi shall be
required to vacate Government accommodation allotted to them within 3 months
from 1st October, 1975. If they fail to vacate the accommodation they were to
be charged licence fee at market rates. The Government servants who were owing
houses in the Union territory of Delhi could not get possession of their
residential accommodation. It became necessary to confer on them the right to
recover immediate possession of their premises and also to prescribe an
expeditions procedure for achieving the object. According to the procedure
specified in section 25B it was made incumbent on the tenant to apply for and
obtain leave to contest the application for eviction Coming to the facts of the
case the Government took the decision to require the Government officers who
have been allotted premises by the Government and who own their own houses in
the area specified to vacate the premises allotted by the Government within 3
months from 1st October, 1975.
Notice of such intention was conveyed to be
landlord on 9th December, 1975. In the meantime on 30th November, 197'; the
officer retired from service. Thus on the date 11 on which notice was served on
him he had already retired. The petition for eviction was also filed on 9th
December, 1975 after the 416 officer retired. The main contentions raised by
the tenant in the petition for leave to contest were;(1) the landlord cannot
invoke the provisions of section 25B(5) as he was not a Government servant on
the date of the petition; (2) the landlord had already filed a petition for
eviction which was registered as O.S. No. 182 of 1974 and was pending before
the Additional Rent Controller. As the eviction is sought on the same ground in
the present petition it was submitted that this petition could not be
entertained; (3) the premises which the respondent is occupying were let for
the purpose of residential or professional purposes and therefore the landlord
is not entitled to ask for eviction as the premises are not let for residential
purposes.
The Rent Controller rejected all the
contentions put forward by the respondent. He held that the question as to
whether the landlord was a Government servant or not on the date when the
notice was received and on the date when he filed the petition is irrelevant so
long as he satisfied the requirements laid down in section 14(1) of the Act. on
the second contention the Rent Controller found that the ground for eviction
under section 14A is a new cause of action and different from the one that was
raised in the previous petitions and hence the present petition is not barred.
On the third point the Rent Controller found that it is not necessary for an
application under section 14(1) that the building should have been let for
residential purposes as required under section 14(1) (c) and it is sufficient
if the landlord requires the premises for residential accommodation. The Rent
Controller held that the grounds on which leave to resist an application can be
granted are those that are specified in section 25B(5) alone.
On appeal the High Court allowed the revision
by the tenant mainly on the ground that the application for eviction must fail
on account of the admitted t`act that the landlord had retired from service on
30th November, 1975 before the Ordinance came into force and was on that
account liable to vacate the premises independently of his owner ship of the
premises in dispute.
The important question that arises for
consideration is whether the landlord who retired from service on 30th
November, 1975 before the Ordinance came into force could avail himself of the
provisions of section 14A(1). A reading of section 14A discloses that a right
to recover immediate possession of premises accrues to certain persons if the
requisite conditions are satisfied. The conditions are: (1) the landlord must
be in occupation of any residential premises allotted to him by the Central
Government or any local authority; (2) such 417 landlord is required by a
general or special order made by the Government or authority to vacate such
residential accommodation or in default to incur certain obligations on the
ground that he owns in the Union territory of Delhi a residential accommodation
either in his own name or in the name of his wife or dependent child If the
aforesaid conditions are satisfied a right shall accrue to such a landlord on
and from the date of such order to recover immediate possession of any premises
let out by him. It may be noted that the section does not require that the
person who is in occupation of the premises allotted by the Government should
be a Government servant. It is necessary that the person is required by the
Government or authority to vacate such accommodation imposing certain
consequences in the event of his not vacating. The policy decision taken by the
Government on 9th September, 1975 only related to Government servants who were
in occupation of premises allotted to them by the Government. If the Government
servant had another house in the locality he was to vacate within 3 months from
the 1st October, 1975. This general order no doubt relates only to government
servants. After the decision was taken it was realized that some provision
should be made to enable the persons in occupation of buildings allotted to
them by the Government to get possession of the houses they own but have been
let to tenants. In order to enable them to get possession of the premises let
by them expditiously section 14A(1) was enacted and the expeditious procedure
under section 25-B was made applicable. It may also be noted that the order
served on the landlord on 9th December, 1975 mentions that all Government
officials who own houses in Delhi and have also been allotted Government
residence are to vacate Government accommodation. the general circular dated
9th September, 1975 as well as the notice served on the landlord thus support
the view that the intention of the Government was to enable only those
Government servants who are in occupation of Government accommodation and who
own houses to get immediate possession, though section 14A does not restrict
the right to recover immediate possession to Government servants alone. In
these circumstances, the conclusions arrived at by the High Court that a
Government servant who had retired before the date on which he had filed the
application is not entitled to the benefits of section 14(1) is understandable.
This view was expressed by this Court in Nihal Chand v. Kalyan Chand Jain(1)
wherein it was observed "There appears to be some force in the view taken
by the High Court that the provision of section 14A(1) was not intended for
Govern- (1) [1978] 2 S.C.R. 183 at p. 190.
418 ment servant who have retired from
Government service or who have been transferred outside Delhi ." But this
Court did not decide the issue because on the facts of the case it was of the
view that the landlord was entitled to invoke the provisions of section 14A(1)
notwithstanding the fact that he had retired from Government service with
effect from 30th November, 1975. In that case the notice was served on the
appellant landlord on 30th September, 1975 which was before the date of
retirement which was on 31st November', 1975. On the ground that the right to
evict the tenant accrued to the landlord when he was in service it was held
that he was entitled to the rights conferred under section 14A. In this case
the notice was served on 9th December, 1975 and the officer had retired on 30th
November, 1975. On the reasoning in the above case the appellant will not be
entitled to the relief. The question therefore squarely arises in this case as
to whether a Government servant who retired before the notice was served on him
requiring to quit the Government accommodation is entitled to the benefit of
section 14A(1).
It is not clear as to why the right to
recover immediate possession is not confined to Government servants alone under
section 14A. It is clear that according to Government's policy statement the
intention was only to require the Government servants to vacate the premises
allotted to them by the Government if they had their own houses in the area. It
cannot be said that it was by inadvertance that the Legislature mentioned persons
instead of Government servants and made the section applicable to persons other
than Government servants. It is stated at the Bar that Government accommodation
is provided not only to Government servants but also to Members of Parliament
and other non-officials who occupy important positions in public life. The
Court will not be justified in presuming that when the legislature used the
word "persons" it meant only Government servants. The rule as to
construction of the statutes is well-known and has been clearly laid down.
Craies on Statute Law (6th Ed. p. 66) relying
on Tasmania v. Common wealth(1) has stated the rule as follows:- "The
cardinal rule for the constructions of Acts of Parliament is that the should be
construed according to the intention expressed in the Acts themselves.
The Court has to determine the intention as
expressed by the words used. If the words of statutes are themselves precise
and unambiguous then no more can be necessary than to expound those words in
their ordinary and natural sense.
The words themselves alone do in (1) [1904] 1
C.L.R. 329.
419 such a case best declare the intention of
the lawgiver.
Taking into A account the object of the Act
there could be no difficulty in giving the plain meaning to the word
"person" as not being confined to Government servants for it is seen
that accommodation has been provided by the Government not only to Government
servants but to others also. In the circumstances, the Court cannot help giving
the plain and unambiguous meaning to the section. It may be that the Retired
Government servants as well as others who are in occupation of Government
accommodation may become entitled to a special advantage, but the purpose of
the legislation being to enable the Government to get possession of accommodation
provided by them by enabling the allottee to get immediate possession of the
residential accommodation owned but let by them, the Court will not be
justified in giving a meaning which the words used will not warrant. On this
question therefore we find ourselves unable to concur with the view taken by he
High Court.
The next question that arises is whether the
rights conferred under section 14A(1) are available to premises that had been
let for residential as well as professional purposes. It is admitted that the
premises were let for residential as well as professional purposes. Section
14(1)(e) requires that in order to avail the provisions of section 14(1)(e) the
premises should be "let for use as a residence'. It has been held that when
premises are let for residential as well as commercial or for residential and
professional purposes the provisions of section 14(1)(e) will not apply. This
Court in Dr. Gopal Dass Verma v. Dr. S. K. Bhardwaj and Anr.,(1) in construing
section 13(1)(e) of the Delhi and Ajmer Rent Control Act, 1952 held that
premises let for residential purposes but used by the tenant with the consent
of the landlord incidentally for commercial professional or other purposes
cease to be premises let for a residential purpose alone and as such the
landlord would not be entitled to eject the tenant under section 13(1)(e) of
the Act. Section 13(1)(e) allowed a decree for ejectment to be passed if the
Court is satisfied that the premises let for residential purposes are required
bona fide by the landlord who is the owner of such premises for occupation as a
residence tor himself or his family and that he has no other suitable
accommodation. On the facts of the case it was found that right from the
commencement of the tenancy a substantial part of the premises was used by
respondent I for his professional purpose, and they have also found that this
has been done obviously with the consent of the landlord. The Court held that
the professional use of a substantial part Or the premises with (1) [1962] 2
S.C.R. 678.
420 the consent of the appellant clearly
takes the case outside section 13(1)(e). The view expressed in the above case
was reiterated by this Court in Kartar Singh v. Chaman Lal & Ors.(1) On the
facts it was found that the premises had been taken for
residential-cum-business or professional purposes.
By the rent deed the owner inducted as a
tenant Labha Mal Arora who was practising advocate. Along with the rent deed a
letter was written by the landlord to the tenant stating that he had no
objection to the tenant having his professional office along with the
residence. After the tenant's death in 1952 the premises were used only for
residence by his sons and widow till 1957. In August, 1957 the first respondent
who qualified himself as a legal practitioner started having an office in the
premises.
Another son also started practising as a
lawyer in the same premises sometime later. The landlord served a notice on the
sons and widow of the deceased for requiring them to vacate the premises. The
court found two rooms were used by the original tenant as his office, one room
by his clerk and the premises had been let for residence-cum business purposes.
The plea that the tenant was only granted a
licence to use the premises for residence-cum-profession which was personal to
him and which came to an end on his death was not accepted. The court agreed
with the view expressed in Dr.
Gopal Dass Verma's case (supra) that a tenant
could not be ejected under section 13(1)(h) because the tenancy of premises let
out or used for residence and carrying on of profession could not be terminated
merely by showing that the tenant had acquired a suitable residence. the court
rejected the contention that the tenant, Labha Mal Arora, had been merely given
a permission or licence which was of a personal nature of his office. It also
was unable to find that any test of dominant intention was applied in Dr. Gopal
Dass Verma's case.
It is not necessary for us to go into the
question whether the words "let for residential purposes" would
exclude premises let predominantly for residential purposes with a licence to
use an insignificant part for professional purposes such as lawyer's or
doctor's consulting room. The words used in section 14A are clearly different.
Section 14A contemplates the owning by the landlord in the Union territory of
Delhi a residential accommodation. If he owns a residential accommodation he
has a right to recover immediately possession of any premises let out by him.
The emphasis is on residential accommodation. If the premises are one intended
for residential accommodation it will not make any difference if the premises
are let for residential (1) [1970] 1 S.C.R. 9.
421 as well as other purposes. Even though
the residential accommodation is let for professional or commercial purposes
the premises will not cease to be for residential accommodation. It is common
ground that the Premises let were put up under the Delhi Development
Authority's scheme for residential purposes. The only plea was that though it
was put up for residential purposes it was let for residential as well as for
professional purposes. The requirement in section 14(1)(e) that in order to
enable the landlord to recover possession the premises ought to have been let
for residential purposes is not there in section 14A(1). In this view we agree
with the High Court that it is not necessary in a petition for eviction under
section 14A to satisfy that it was let for residential purposes only.
This view has been taken by this Court in
Busching Schmitz Private Ltd. v. P. T. Menghani and Anr. (1) The submission
that as a previous application for possession by the landlord was pending this
petition would not be permissible cannot be accepted as the grounds on which an
application for possession is filed under section 14A(1) are different and
based on special rights conferred on the class of persons who occupied
Government accommodation.
The only other question that remains to be
considered is the scope of the right to contest the suit, that is, on what
grounds can the tenant seek leave to resist the suit filed by the landlord
under section 14A(1). The special procedure prescribed under section 25B is
made applicable in cases where the landlord applies for recovery of possession
on any o f the grounds specified in clause (c) of the Proviso to subsection (1)
of section 14 or under section 14A. Sub-section (5) of section 25B says that
the Controller shall give leave to the tenant to contest it' the affidavit
filed by the tenant discloses such facts that would disentitle the landlord
from obtaining an order for the recovery of possession of the premises on the
grounds specified in clause (e) of the proviso to sub-section (1) of section 14
or section 14A. Under section 14(1)(e) the tenant may resist the application on
the grounds specified namely that the premises are not let for residential
purposes, that they are not required holla fide etc. So far as the facts which
would disentitle the landlord from obtaining an order under section 14A are
concerned they call only be that the landlord is not a person in occupation OF
residential premises allotted to him by the Central Government or that no
general or special order has been made by the Government requiring him to
vacate such residential accommodation (1) [1977] 3 S.C.R. 312.
422 on the terms specified in the section.
Leave to contest an application under section 14A(1) cannot be said to be
analogous to the provisions, of grant of leave to defend as envisaged in the
Civil Procedure Code. Order XXXVII, Rule 2, sub-rule (3) of the Code of Civil
Procedure provides that the defendant shall not appear or defend the suit
unless he obtains leave from a Judge as hereinafter provided so to appear and
defend. Sub-rule (1) of Rule 3 of Order XXXVIII lays down the procedure to
obtain leave. Under the provisions leave to appear and defend the suit is to be
given if the affidavit discloses such facts as would make incumbent on the
holder to prove consideration or such other facts as the court may deem sufficient
to support the application. The scope of section 25B(5) is very restricted for
leave to contest can only be given if the facts are such as would disentitle
the landlord from obtaining an order for recovery of possession on the ground
specified in section 14A.
The learned counsel for the tenant submitted
that the requirements of section 14(1)(e) should also be satisfied before the
landlord could take advantage of the procedure provided under section 25B. The
learned counsel drew our attention to section 25C(1) and section 25C(2) and
submitted that the reading of these two sub-sections would indicate that before
an eviction could be ordered under an application under section 14A(1) the
requirements of sections 14(6) and (7) should be satisfied. While section 14(1)
enumerates the grounds on which the landlord can get a decree for recovery of
possession against a tenant sub- sections (2) to (11) place certain
restrictions. Subsection (2) provides restriction as to right for recovery of
possession under section 14(1)(e). Restriction regarding the right to recover
possession under clause (e) is laid down ill sub-sections (6) and (7) of
section 14. Section 14(6) states that where a landlord has acquired any
premises by transfer no application for recovery of possession shall lie under
sub-section (1) on the ground specified in clause (e) of the proviso thereto,
unless a period of five years has elapsed from the date of the acquisition.
Sub-section (7) to section 14 lays down that where an order for the recovery of
possession of any premises is made on the ground specified in clause (e) of the
proviso to sub-section (1), the landlord shall not be entitled to obtain
possession thereof before The expiration of a period of six months from the
date of the order. Section 25C makes an exception to the requirement of section
14(6) to the effect that where a landlord is in occupation of any residential
premises allotted to him by the Central Government or any local authority and
who fulfils the requirements of section 14A(1) the requirement under section
14(6) that he would not be entitled to 423 possession unless a period of five
years has elapsed from the date of his acquisition of the premises is not
applicable In other words, he can straightway obtain possession without the
impediment imposed under section 14(6). Great stress was laid by the learned
counsel for the tenant on section 25C(2) which provides that in the case of a
landlord who, being a person of the category specified in sub-section (1), has
obtained, on the ground specified in clause (e) of the proviso to sub-section
(1) of section 14 or under section 14A, an order for the eviction of a tenant
from any premises, the provisions of subsection (7) of section 14 shall have
effect as if for the words "six months", occurring therein, the words
"two months" were substituted The contention was that if section
14A(1) stood by itself and if a landlord applying under section 14A(1) would
straightway get the possession after the tenant cannot contest the suit on the
grounds specified in section 25B(5) there is no need for mentioning the
provisions of section 14(1)(6) and section 14(1)(7) and prescribing a lesser
period for a prescribed period under section 14(7). In other words, the
submission was that an application for possession under section 14A should also
satisfy the requirements of section 14(1)(e). The provisions of section 25B and
25C are applicable to both applications under section 14(1)(e) and under
section 14A. Applications under section 14(1)(e) are governed by section 14(6)
and section 14(7). By introduction of section 25C the condition imposed in
section 14(6) is varied. The condition imposed under section 14(6) is made not
applicable to persons who satisfy the requirements under section 14A meaning
thereby that this restriction will be applicable only to an application under
section 14(1)(e).
Section 25C(2) makes it clear that not only
in the case of an application under section 14(1)(e) but also under section 14A
the term of six months prescribed in section 14(7) is reduced to two months.
The reason for specifying the period or two months in the case of section 14A
is understandable for otherwise an applicant under section 14A would be
entitled to possession immediately. By prescribing a specific period of two
months under sec ion 25C(2) it is made clear that even an applicant under
section 14A would have to satisfy the conditions laid down by section 25C i.e.
a period of two months should elapse before
the landlord is entitled to obtain possession from the date of an order for
recovery of possession. This submission also fails.
In the result we hold that the landlord who
retired before the date on which the notice to quit was given by the Government
is also entitled to the benefits of section 14A and allow the appeal.
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