1986 (11) TMI 382 - SC - Indian Laws

Summary

Issues Involved:
1. Bona fide personal necessity of the landlady for eviction.
2. Availability of reasonably suitable alternative accommodation for the landlady.
3. Conduct of the tenant and its relevance to the eviction case.
4. Application of subsequent events and changes in circumstances to the eviction case.
5. Interpretation of Section 14(1)(e) of the Delhi Rent Control Act, 1958.

Detailed Analysis:

1. Bona fide personal necessity of the landlady for eviction:
The landlady filed a petition for eviction of the tenant from the disputed flat on the grounds of bona fide personal necessity. She asserted that she required the premises for her residence and that of her family members, and she had no other suitable residential accommodation. The trial court found her claim to be genuine, noting her need for additional accommodation due to her social work and activities. The High Court upheld this finding, agreeing that the landlady had a bona fide need for the premises.

2. Availability of reasonably suitable alternative accommodation for the landlady:
The tenant contended that the landlady had other reasonably suitable accommodation, which she chose not to occupy, instead letting it out for higher rent. The trial court and High Court found that the landlady needed the rental income for her sustenance and maintenance, and thus, it was reasonable for her to let out one portion of the house. The Supreme Court, however, emphasized that the landlady's decision to let out the premises that fell vacant during the proceedings disentitled her from claiming that she had no other reasonably suitable accommodation. The Court held that the landlady's need must be genuine and continuous, and her actions indicated otherwise.

3. Conduct of the tenant and its relevance to the eviction case:
The tenant was described as troublesome, having previously contested the landlord-tenant relationship and the liability for rent. The Supreme Court noted that the tenant's conduct was irrelevant to the determination of the landlady's bona fide need and the availability of suitable alternative accommodation.

4. Application of subsequent events and changes in circumstances to the eviction case:
The Court considered subsequent events, such as the landlady's repeated decisions to let out the premises that became vacant during the eviction proceedings. The Court held that these events were relevant and material, demonstrating that the landlady had other reasonably suitable accommodation, which she chose not to occupy.

5. Interpretation of Section 14(1)(e) of the Delhi Rent Control Act, 1958:
The provision stipulates that eviction can be ordered if the premises are required bona fide by the landlord for residence and the landlord has no other reasonably suitable residential accommodation. The Supreme Court interpreted this section to mean that if the landlord has alternative accommodation and chooses not to use it, they are disentitled to evict the tenant on the grounds of personal necessity. The Court emphasized that rent restriction laws aim to balance the rights of landlords and tenants, protecting tenants from eviction in a society with a shortage of accommodation.

Conclusion:
The Supreme Court allowed the appeal, setting aside the High Court's judgment. It concluded that the landlady, by her own conduct of letting out the premises that became vacant, had disentitled herself from claiming the need for the disputed flat. The Court reiterated that the requirements of Section 14(1)(e) of the Delhi Rent Control Act were not met, as the landlady had other reasonably suitable accommodation.