1966 (3) TMI 97 - SC - Indian Laws

Summary

Issues:
1. Interpretation of section 8(3)(a)(ii) of the Mysore House Rent and Accommodation Control Act, 1951.
2. Validity of the High Court's decision in setting aside the order of the Additional District Judge under section 17 of the Act.

Analysis:

Issue 1: Interpretation of section 8(3)(a)(ii) of the Mysore House Rent and Accommodation Control Act, 1951:
The case involved an appeal against the eviction of a tenant from non-residential premises under section 8(3)(a)(ii) of the Act. The landlord sought eviction for his own business use, which was upheld by the lower courts. The tenant argued that the Mysore High Court's interpretation of the provision was incorrect, citing a Madras High Court decision for support. The Madras High Court had held that a tenant has a right to possession unless evicted under the Act. However, the Mysore High Court disagreed, viewing the provision as a statutory immunity from eviction rather than a right to possession. The Supreme Court concurred with the Mysore High Court's interpretation, emphasizing that a tenant's right to stay until eviction does not equate to entitlement to possession. The Court reasoned that the Act aims to prevent unreasonable evictions, and the landlord's need to shift to his premises does not render the tenant entitled to possession.

Issue 2: Validity of the High Court's decision under section 17 of the Act:
The tenant also challenged the High Court's decision to set aside the Additional District Judge's order under section 17 of the Act. The High Court had based its ruling on the Mysore High Court's precedent, which the Additional District Judge had not followed. The Supreme Court acknowledged the limited jurisdiction of the High Court under section 17 but upheld the High Court's decision, noting that the Additional District Judge's failure to consider the precedent warranted setting aside his order. The Supreme Court dismissed the appeal, granting the tenant two months to vacate the premises.

In conclusion, the Supreme Court affirmed the High Court's decision, holding that the Additional District Judge erred in not following the Mysore High Court's precedent. Additionally, the Court upheld the High Court's authority to set aside the order under section 17, dismissing the appeal and granting the tenant two months to vacate the premises.