9911796707
TMI Blog1988 (8) TMI 418X X X X Extracts X X X X X X X X Extracts X X X X ..... . The civil appeals have arisen out of two proceedings initiated by the owners of the disputed premises for the eviction of the appellant-tenant on the ground that he has secured alternative accommodation and, therefore, does not reasonably need the house. The two premises are parts of the same building situate in Mahal Chowk in the city of Nagpur, and belong to a family of which the applicants respondents before this Court, are members. The appellant-tenant Dr. M.K. Salpekar, who is a renowned doctor of Nagpur, has been occupying the premises as tenant for the purpose of his clinic since 1944. Admittedly he has built in Ramdaspeth, PG NO 341 another part of the city, a large double storeyed house, and has let out portions thereof to the St ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g the parties the Controller is satisfied- (i) (v) that the tenant has secured alternative accommodation, or has left the area for a continuous period of four months and does not reasonably need the house ; Explanation-For the purpose of this item the tenant shall be deemed to have secured an alternative accommodation if he owns a residential house in the city or town concerned and if such house is constructed on a site lying vacant on Ist January 1951 or on a site made vacant on or after that date by demolition of any structure standing on such site ; or (vi) he shall grant the landlord permission to give notice to determine the lease as required by sub-clause (1). The courts were, therefore, in grave error in directing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ich is confined to cases dealing with residential buildings, a non- residential building is excluded even where the tenant leaves the area for a period of four months and does not need the house. If the position in regard to the second category of cases remained unaffected, the Explanation cannot be construed to narrow down the scope of the first category of cases where the tenant secures alternative PG NO 343 accomodation. It is not possible to split the main sub- clause so as to apply it to non-residential buildings where the tenant leaves the area for four months and at the same time exclude it where he secures alternative accommodation, as the sub-clause deals with the two situations in the same language without making any distinction. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -clause (v). There is no merit in this argument either. The list of the different State Acts prepared by the learned counsel itself shows that in four of them the corresponding provisions are applicable to both residential as well as non-residential premises. In the remaining Acts the relevant ground is restricted to residential buildings but in clear and unambiguous terms in the body of the section itself. They are, therefore, of no help to the appellant. Besides, it is a question of policy to be adopted by the different legislatures, and it cannot be Iegitimately suggested that since the majority of the State legislature have followed a particular policy, the same must be presumed to be the intention of the author of the Control Order in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... have been dismissed on the ground of undue delay. Reliance has been placed on Mansaram v. S.P. Pathak and others, [1984] 1 SCC 125. The learned counsel for the respondents in his reply contended that an action for enforcing a right filed within the period of limitation as fixed by law cannot be thrown out merely on the ground of delay. He also relied on the evidence in the present case indicating the special circumstances arising later justifying the belated filing of the application. Following a partition in the family of the landlord-respondents they became entitled to exclusive possession of the respective portions of the premises which are subject-matter of the two cases. The evidence also indicates that the appellant was in the process ..... X X X X Extracts X X X X X X X X Extracts X X X X
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