9911796707
TMI Blog2009 (9) TMI 1061X X X X Extracts X X X X X X X X Extracts X X X X ..... n filed against the judgment and order dated 17.01.2005 of the Division Bench of the High Court of Judicature at Rajasthan Bench at Jaipur whereby the learned Division Bench has set aside the order of the learned Single Judge dated 23.08.2001 and restored that of the Trial Court, i.e., the Addl. District Judge No. 5, Jaipur City, Jaipur dated 31.07.1993. 3. The respondent-plaintiff filed a suit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Ram Das Modani who claimed to be an employee of the Trust. The respondent then filed a suit for eviction and arrears of rent against the appellants alleging that the appellants had committed default in payment of rent. 5. Under the Rajasthan Premises (Control of Rent Eviction) Act, 1950, under Section 3(iii) the word 'landlord' has been defined as under:- landlord means any perso ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t it was the respondent who had let out the premises and accordingly in terms of the Act it was entitled to receive rent. 8. We have heard learned counsel for the parties. We are required to interpret the word 'landlord' as provided under the Act. 9. In our opinion a purposive, and not literal interpretation has to be given to the definition of 'landlord' in the Act. 10. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Act literally it will result in strange consequences. It will mean that even if the owner, who is the natural landlord, does not want to evict a tenant, his agent may do so. Surely this is an absurd situation. It is well settled that if a literal interpretation leads to absurd consequences, it should be avoided, and a purposive interpretation be given. 11. In the present case the respondent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e learned Single Judge and remand the matter to the Trial Court. Before the Trial Court, the respondent will have liberty to produce any documentary evidence to show that the Trust had authorized it in writing to receive rent and file suit for eviction on behalf of the Trust. The respondent-plaintiff shall also implead the Trust as proforma-defendant before the Trial Court. 13. The Trial Court ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
