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TMI Blog1979 (10) TMI 227X X X X Extracts X X X X X X X X Extracts X X X X ..... laintiff was required by the Government to vacate the Government quarter or pay the penal rent the husband of the plaintiff had to shift to the house of his wife which was in the tenancy of the defendant. A prayer was also made by the plaintiff that even otherwise the premises were required for a bonafide necessity of the land-lady and also as the premises had become unfit for human habitation the plaintiff required the same for carrying out repairs which could not be done unless the premises were vacated. On the next date, that is on 3rd June, 1976 the plaintiff filed an application withdrawing the cause of action mentioned by her regarding bonafide necessity and repairs as contemplated by Sections 14(1)(e) and 14(11)(f) of the Act. The defendant appellant at this time was nowhere in the picture and no notice had yet been served on him. The Rent Controller accordingly allowed the plaintiff to withdraw the two Causes of action mentioned in the application. Thereafter notice was issued to the defendant. On the 4th June, 1976 the plaintiff again sought to amend her petition by deleting the cause of action mentioned under Section 14-A(1) of the Act, that is to say requirement of the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d that the plaintiff had proved that she required the premises for her bonafide necessity. learned Counsel for the appellant, however, raised three points of law before us. In the first place, it was argued that the second application given by the plaintiff for re-amending her plaint by inserting the relief under Section 14(1)(e) which she had given up at a prior occasion when she had based her suit under Section 14A(1) was barred by the principles of Order 2 Rule 2 of the CPC. 4. It was next contended that even if Order 2 Rule 2 C.P.C. had no application, the second application for amendment filed by the plaintiff was barred by the doctrine of constructive res judicata. Finally, it was argued that Section 256 which lays down the procedure for disposing of applications filed by the landlord under the provisions of Sections 14A and 14(1)(e) are violative of Article 14 of the Constitution inasmuch as the provisions are arbitrary and discriminatory in nature, and seek to provide two different procedures for tenant similarly situate. 5. So far as the first two contentions are concerned, we are of the opinion that do not merit any serious consideration. Regarding the question of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e earlier suit No. 8 instituted on September 14, 1928. The principles laid down in the cases thus far discussed may be thus summarized; (1) the correct test in cases falling under Order 2. Rule 2 is whether the claim in the new suit is, in fact, founded on a cause of action distinct from that which was the foundation for the former suit. Moonshee Buzloor Ruheem v. Shamsoonnissa Begum 11 M.I.A. 551. (2) The cause of action means every fact which will be necessary for the plain- tiff to prove, if traversed, in order to support his right to the judgment Read v. Brown 22 Q.B.D. 128. (3) If the evidence] to support the two claims is different then the causes of action are also different Brunsden v. Humphery 14 Q.b.d. 141. (4) The causes of action in the two suits may be considered to be the same if in substance they are identical. (Brunsden v. Humphery). (5) The cause of action has no relation whatsoever to the defence that may be set up by the defendant, nor does it depend on the character of the relief prayed for by the plaintiff. It refers to the media upon which the plaintiff askes the court to arrives at a conclusion in his favour; Muss. Chand Kour v. Partab Singh(4) .This ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... estion which merits serious consideration. Before approaching this question we might observe that it is well settled that what Article 14 forbids is hostile discrimination and not reasonable classification. Discrimination may take place in many ways, and what Article 14 requires is that equals must be treated alike. If equals and unequals are also treated alike then also Article 14 is clearly attracted and discrimination results. A reasonable classification based on grounds having a clear nexus with the objective to be achieved and grouping certain persons in a separate category in view of their special peculiarities is undoubtedly permissible. Of course, classification should not be purely a class legislation. It is also well settled that there is always a presumption in favour of the constitutionality of a statute and any party who seeks to challenge the legislation on the ground of applicability of Article 14 must plead and prove the necessary facts. In making a classification the court must presumed matters of common knowledge, common report, history of the time and every other relevant fact. 10. In the case of Chiranjit Lal Chowdhuri v. The Union of India and Ors. [1950] 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ary for Us to deal with Section 14A(1) because the cause of action contained in this Section has been given up by the plaintiff-respondent. We would, therefore confine ourselves to the validity of Section 14(1)(e) and the procedure prescribed to give relief mentioned in the aforesaid Section in Section 25B. Before discussing the relevant provisions of the Act it may be necessary to observe that the Rent Control Act is a piece of social legislation and is meant mainly to protect the tenants from frivolous evictions. At the same time, in order to do justice to the landlords and to avoid placing such restrictions on their right to evict the tenant as to destroy their legal right to property certain salutary provisions have been made by the legislature which give relief to the landlord. In the absence of such a legislation a landlord has a common law right to evict the tenant either on the determination of the tenancy by efflux of time or for default in payment of rent or other grounds after giving notice under the Transfer of Property Act. This broad right has been curtailed by the Rent Control Legislation with a view to give protection to the tenants having regard to their genuine an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... premises bona fide for his personal occupation. Further, Government decided on the 9th September, 1975 that a person who owns his own house in his place of work should vacate the Government accommodation allotted to him before the 31st December, 1975. Government considered that in the circumstances, the Act requires to be amended urgently. As the Parliament was not in session the Delhi Rent Control (Amendment) Ordinance 1975 was promulgated on the 1st December, 1975. The Bill seeks to replace the said Ordinance. (Emphasis ours) This Act actually replaced the Ordinance which was promulgated on 1st December, 1975. The objects and reasons clearly reveal that the amendment has been made for simplifying the procedure for eviction of tenants in case the landlord requires the premises bona fide for his personal occupation. It is a matter of common knowledge that even though the landlord may have an immediate and imperative necessity for vacating the house given to a tenant he is compelled to resort to the time consuming any dilatory procedure of a suit which takes years before the landlord is able to obtain the degree and in most cases by the time the decree is passed eithe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , 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. (5) The Controller shall give to the tenant leave to contest the application if the affidavit filed by the tenant discloses 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. (6) Where leave is granted to the tenant to contest the application, the Controller shall commence the hearing of the application as early as practicable. (7) Notwithstanding anything contained in Sub-section (2) of Section 37, the Controller shall, while holding an inquiry in a proceeding to which this Chapter applies, follow the practice and procedure of a Court of Small Causes, including the recording of evidence. (8) No appeal or second appeal shall lie against an order for the recovery of possession of any premises made by the Controller in accordance with the procedure specified in this Section; Provided that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... summons in the ordinary way summons should also be, served by registered post acknowledgement due addressed to the tenant or his agent empowered to accept the service. Sub-section 3(b) provides that when the acknowledgement due purporting to be signed by the tenant or his agent is received by the Controller with an endorsement made by a postal employee that the tenant or his agent has refused to take delivery of the registered article the Controller may declare that there has been a valid service of summons. This provision is designed to cut out delays by the conduct of the defendant in trying to evade service of summons in a variety of ways. Sub-section (4) provides that the tenant on whom the summons is served shall not be allowed to contest an application for eviction unless he files an affidavit stating the grounds on which he seeks to contest the application for eviction and he has to obtain leave from the Controller to contest the application. In case the tenant does not appear the Controller can presume that the application for eviction shall be deemed to have been admitted by the tenant. Sub-section (5) provides that the Controller shall give to the tenant leave to contest ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r of revision where the said Court can examine the case of the tenant and the landlord and the validity of the order passed by the Controller. The right of the tenant, therefore, is sufficiently safeguarded by the proviso to Sub-section (8) of Section 25B of the Act referred to above. In order to give relief to the tenant against any apparent error of law or fact where no revision has been filed in the High Court the statute confers power of review on the Controller. 20. Thus taking ah overall picture of the situation, the circumstances under which the landlord's needs have been classified and the safeguards given by the statute it cannot be said by any stretch of imagination that Section 25B and its Sub-sections are violative of Article 14 of the Constitution of India, or that Section 25B suffers from the vice of excessive delegation of powers. In fact Section 25B contains valuable and sufficient guidelines which completely exclude the exercise of uncanalised or arbitrary powers by the Rent Controller. As discussed above the rights of the tenants are sufficiently protected. for instance if the tenant presents a plausible defence the plaintiff can be non suited if the defenc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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