Smt. Mohini
Badhwar Vs. Raghunandan Saran Ashok Saran [1989] INSC 144 (27 April 1989)
Pathak,
R.S. (Cj) Pathak, R.S. (Cj) Venkatachalliah, M.N. (J)
CITATION:
1989 AIR 1492 1989 SCR (2) 748 1989 SCC (3) 72 JT 1989 (2) 259 1989 SCALE
(1)1123
ACT:
Delhi
Rent Control Act, 1958: Section 14(1)(h)--Tenant obtained vacant possession of
own house--Sold it four days later-Circumstance that tenant lost possession on
the date of filing of eviction petition--Whether affords protection against
eviction--'Acquired vacant possession of a residence'--Interpretation of.
HEAD NOTE:
The
respondent-landlord filed a petition for eviction of the appellant-tenant from
the suit premises under s.
14(1)(h)
of the Delhi Rent Control Act, 1958 on the ground that the appellant had
acquired vacant possession of her house on November 20, 1973, after the suit
premises had been let out to her on April 1, 1971. The appellant contended that
she was not liable to be ejected.
The
Assistant Rent Controller and the Rent Control Tribunal concurrently held that
even though the house owned by the appellant was not in her occupation on the
date the petition was filed, it was sufficient for the purpose ors.
14(1)(h)
that sometime before the filing of the petition she had obtained vacant
possession of the house, and thus had alternative accommodation during November
20-24, 1973, i.e., from the date she obtained vacant possession from her tenant
till she sold it. The High Court also held that the ground for ejectment had
been made out when the eviction petition was filed.
In the
appeal before this Court, on behalf of the appellant-tenant it was contended
that before the earlier tenant had vacated the house, the appellant had already
entered into an oral agreement to sell the house to another person, which was
formalized on a written document on November 24, 1973 and as the appellant was
under legal obligation to sell the house she was not entitled to enter into and
to continue in possession of the house when it was vacated, and therefore, the
house could not be said to constitute alternative accommodation, for the
purpose ors. 14(1)(h) of the Act.
Dismissing
the appeal, 749
HELD:
The Rent Control Tribunal has found against the existence of any oral agreement
for the sale of the suit house. It was only after four days of obtaining
possession on November
20, 1973 from the
original tenant that the appellant executed an agreement for sale. Thus, it is
clear that the appellant came into the house belonging to her on November 20, 1973 and it was available to her for her
occupation. The circumstance that she lost possession on the date when the
eviction petition was filed does not protect the appellant against s. 14(1)(h)
of the Act. [750F-G]
CIVIL
APPELLATE JURISDICTION: Civil Appeal No. 1842 of 1981.
From
the Judgment and Order dated30.4.1981 of the Delhi High Court in S.A.O. No. 418
of 1978.
Mrs. Shyamala
Pappu, H.K. Puri and S.D. Lal for the Appellant.
Dr.
Y.S. Chitale, S.N. Kacker, Mukul Mudgal and N.S. Das Bahl for the Respondent.
The
Judgment of the Court was delivered by PATHAK, CJ. This is a tenant's appeal
arising out of proceedings for her ejectment.
The
respondent, as landlord of the premises let to the appellant, filed a petition
for her eviction on the ground set forth in s. 14(1)(h) of the Delhi Rent
Control Act, 1958, that is to say, that the appellant had "acquired vacant
possession of ....... a residence" after the commencement of the Act, viz,
her own house D-196, Defence Colony, New Delhi and was therefore liable to hand
over possession of the rented premises occupied by her to the respondent. It
was alleged that the appellant had acquired vacant possession of her house on 20 November, 1973 after the premises in suit had been
let out to her on April, 1971.
The
appellant denied that she was liable to ejectment.
The
Assistant Rent Controller, Delhi, and the Rent Control Tribunal concurrently
held that the appellant was owner of house D-196, Defence Colony, New Delhi,
that on 20 November, 1973 the previous tenant had vacated the premises and
handed over vacant possession and that thereafter she had sold it to one Smt. Leela
Wati 750 on 24 November, 1973. It was observed that during the period 20
November, 1973 to 24
November, 1973 it must
be taken that she was in possession of alternative accommodation. It was also
held concurrently that even though on the date the petition for eviction was
filed, the house, D-196, Defence Colony, New Delhi, was no longer in the
occupation of the appellant it was sufficient for the purpose of s. 14(1)(h) that
some time prior to the filing of the eviction petition the appellant had
obtained possession of the house. The High Court endorsed the view taken by it
earlier in Hem Chand Baid v. Smt. Prem Wati Parekh., AIR 1980 Delhi 1 and in the view that the ground
for ejectment had been made out when the eviction petition was filed it
dismissed the appeal.
In
this appeal it is urged on behalf of the appellant that before the earlier
tenant of tile appellant had vacated the house the appellant had already
entered into an agreement to sell the house to another person, and that
therefore in the presence of that obligation it was not possible to say that
when the house was vacated the appellant was entitled to enter into and to
continue in possession of the house. It is contended before us that before the
original tenant vacated the house there was an oral agreement between the
appellant and Smt. Leela Wati to sell the house to Smt. Leela Wati and that the
agreement was only formalized in a written document on 24 November, 1973. It is urged that when the original
tenant vacated the house on 20 November, 1973
the appellant was under a legal obligation to sell the house to Smt. Leela Wati,
and that in the circumstances, the house cannot be said to constitute
alternative accommodation for the purpose of s. 14(1)(h) of the Act. The Rent
Control Tribunal has found against the existence of any such oral agreement.
Upon that it would seem that it was only after obtaining possession on 20 November, 1973 from the original tenant, that is,
four days later, that the appellant executed an agreement for sale with Smt. Leela
Wati. It is apparent that on 20 November, 1973
the appellant came into the house belonging to her and it was available to her
for her occupation. The circumstances that she lost possession on the date when
the eviction petition was filed does not protect the appellant against s. 14(1)(h)
of the Act.
In the
result, the appeal fails .and is dismissed but there is no order as to costs.
N.P.V.
Appeal dismissed.
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