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TMI Blog1964 (8) TMI 83X X X X Extracts X X X X X X X X Extracts X X X X ..... were raised including (j) subletting of a part of the building (ii) nuisance (iii) Sundar Das having been bona fide required for the personal occupation of the petitioners and (iv) the building in dispute having been bona fide required for the personal occupation of he petitioners and (v) the respondents having impaired the value and utility of the building. The petition was resisted and the Rent Controller formed the following issues during the course of trial: 1. Whether the respondents have sublet a part of the building? 2. Whether Sundar Das left this building more than four months ago? If so its effect? 3. Whether the respondents are a nuisance to the applicants and the neighbours? 4. Whether the Chaubara is also a part of the tenancy premises? If so what is the effect of in non-inclusion in the application ? 5. Whether the applicants require the building bona fide for their personal occupation? 6. Whether the responds have impaired the value and utility of the building? The first issue was found by the Resent Controller against the petitioner; under the second issue, it was conceded that Sunder Das had vacant the premises long ago and Kishan Chand was in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Supreme Court decision in Jagat Bahadur Singh v. Badri Prasa 65 PLR 452 (SC) in which it has been laid down that the scope of section 15(5) of the East Punjab Urban Rent Restriction Act is wider than that of section 115, Civil Procedure Code, and that in that case the learned Single Judge of this Court was in error in treating an application under the rent Act as one under section 115 of the Code. This judgment further shows that the decisions of the learned District Judge holding that landlord did not require the building to carry out the repair work suggested by the Municipal Committee in that case was considered to be justified. Reference by the respondents has also been made to another decision of the Supreme Court in Neta Ram v. Jiwan Lal : AIR 1963 SC 499 : 64 PLR 694) in which it has been observed that the law speaks not of the bona fide of the landlord but that the claim of the landlord that the requires the building for reconstruction and re-erection must be bona fide, that is to say, honest in the circumstances and that the Controller should investigate about the existence of an honest intention to reconstruct in the mind of the landlord. The Rent Restriction Acts havi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Smt. Sulakhma Devi petitioner No. 2 a daughter of Dr. Jagan Nath deceased had got married before the institution of the present proceedings and Smt. Krishna Devi another daughter, got married during the tendency of the present proceedings. One of the sons of the deceased doctor had joined service at Nangal. This showed that out of five petitioners only Smt. Subhadra Devi and her two sons were living with her in the portion of the building mentioned above. In the ration-cared four members were shown to be residing with Devinder Nath is noted in the order to have deposed that on account of the illness of his mother, Smt Subhadra Devi his elder sister, and her two children were also living at Ludhiana. The Rent Controller however did not feel inclined to believe this part of the evidence on the ground that if they had in fact been living at Ludhiana, then their names would certainly have been mentioned in the ration-card. Considering these circumstances the Rent Controller came to the conclusion that for three persons the accommodation in possession of the Landlords could not be regarded as insufficient. (8) The learned Rent Controller sought support for his view from the decis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for her brother to provide her and her children accommodation in her parents house. Jatinder Nath day of the appellate authority's report and his family would normally be expected to live with him at his station of posting. Under these circumstances the appellate authority observe that the landlords and that they were not acting in a bonafide manner. The appellate authority agreed with learned Rent Controller that two big Chaubara, two Brsatis and two Verandahs one of which could easily be covered into a small kitchen should be sufficient for a family consisting of four or five members. The landlords has already the amenity had been managing to live in the present accommodation from the time when Dr. Jagat Nath was alive. Since then, due to deaths and marriages in the family and postings of some members outside Ludhiana so proceeds the opinion of the learned appellate authority there must have been further relief if the family really felt congested at on evidence regarding social position and standing in the profession of the deceased Dr. Jagan Nath was learned appellate authority was unable to say that having regard to all the circumstances the petitioners had no sufficien ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... who on various pretexts adopt methods and devices to charge or extract exorbitant rents, but at the same time this statute does not seem to be intended to deprive a landlord of his bona fide desire within reasonable limits from a particle point of view to be more comfortable by occupying his own house ; amy be that if his requirements is held on a proper consideration of all aspects and circumstances to be wholly unreasonable the Rent Controller may have some justification for feeling unsatisfied with the bona fides of his claim. The sacrifice his own comforts and requirements by way of personally using the premises merely because they are in the possession of a tenant. The Act in question does not aim at restricting or curtailing the landlords requirements for personal use if the claim is genuine and honest. And then social customs conventions and habits usage's and practices of the society and other similar considerations also cannot be completely ignored as irrelevant while deterring the question of requirement s of the landlord. The learned appellate authority was, in my opinion not justified in taking a purely legalistic view that if the married daughter or her children ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r rent. In case the landlords do not occupy the premises themselves under section 13(4) the tenant has it may be pointed out a statutory right to claim back possession. (12) For the foregoing reasons, I am constrained to disagree with the learned Controller and the appellate authority in the opinion expressed by them in their remand reports and reversing the order of the appellate authority dated 19-4-1962 restore the order of eviction passed by the Rent Controller on 25-1-1961. The parties in the circumstances are directed to bear their own costs. (13) Before finally closing the judgment however I cannot help observing that these premises were required for personal use by the owners and they stared the proceedings as far back as 1959 and till 1964 this cause has not been finally adjudicated. The length of delay in such cases is likely to give rise to a feelings of frustration in the minds of suitors in so far as the administration of justice in our country goes. It is therefore desirable to see that such claims are finally disposed of with greater promptitude. (14) The occupant is given three months for vacating the premises and he should not be evicted before the expiry ..... X X X X Extracts X X X X X X X X Extracts X X X X
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