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Budh Ram Sharma Vs. Banwari Lal and anr. - Court Judgment

LegalCrystal Citation
SubjectTenancy
CourtDelhi High Court
Decided On
Case NumberSecond Appeal No. 33 of 1967
Judge
Reported in7(1971)DLT360
ActsDelhi Rent Control Act, 1958 - Sections 1(2)
AppellantBudh Ram Sharma
RespondentBanwari Lal and anr.
Advocates: G.N. Aggarwal and; V.B. Andley, Advs.
Cases ReferredKishan Chand Bharsavi v. Hari Nath Rastogi
Excerpt:
tenancy - eviction - sections 1 (2) and 14 (1) (h) of delhi rent control act, 1958 - whether tenant who acquired vacant possession of house for residence outside delhi fell under section 14 (1) (h) - under section 1 (2) area of delhi extends to area which does nto include rural areas within limits of municipal corporation of delhi - reasonable to infer that tenant became liable to be evicted under section 14 (1) (h) on proof that tenant acquired vacant possession of residence within limited areas of act - house built by tenant was in area to which act does nto extend - held, tenant cannto be evicted on ground of section 14 (1) (h). - - he built a house in ishaiba-bad colony, which is situated at a distance of about 10 miles from delhi, the land lord filed an application for his..........the kent control tribunal upholding the order of eviction of the tenant passed by the additional rent controller. (2) the tenant had taken on rent premises no 4307 gali bhairon wall for residential purposes. he built a house in ishaiba-bad colony, which is situated at a distance of about 10 miles from delhi, the land lord filed an application for his ejectment on the ground amongest tohers, that the tenant has built and acquired vacant possession of a residence in shaiba-bad co lony. the tenant adn)itied the consiruc- lion of the said house but coatended that his case did nto fall under clause (b) of the proviso io sub-section (1) of section 14 of the act. the additional rant controller negatived the contention and ordered his ejectment. his appeal to the kent control tribunal was also.....
Judgment:

V.D. Misra, J.

(1) This is tenant's second appeal under section 39 of the Delhi Rant Control Act of 1957 (hereinafter referr- ed to as the Act) against the order of the Kent Control Tribunal upholding the order of eviction of the tenant passed by the Additional Rent Controller.

(2) The tenant had taken on rent premises No 4307 Gali Bhairon Wall for residential purposes. He built a house in IShaiba-bad colony, which is situated at a distance of about 10 miles from Delhi, the land lord filed an application for his eJectment on the ground amongest tohers, that the tenant has built and acquired vacant possession of a residence in Shaiba-bad co lony. The tenant adn)itied the consiruc- lion of the said house but coatended that his case did nto fall under clause (b) of the proviso io sub-section (1) of section 14 of the Act. The Additional Rant Controller negatived the contention and ordered his ejectment. His appeal to the Kent Control Tribunal was also dismessed

(3) The short question for determination is whether a tenant who has built or acquired vacant possession of a house for his residence outside Delhi would fall under cl. (h) of the Proviso to section 14(1) of the Delhi Rent Control Act. Section 14(1)(h) is as under;-

'Ntowith staneing anything to the contrary contained in any toher law or contract no order for the recovery of possession of any premises shall be made by any Court or Controller in favor of the Inndlord against a tenant: Provided that the Controller may, on an application made to him in the pres ribed manner- make an order for the recovery of possession of the premises on one or more of the following grounds only namely,: (h) that the tenant has, whether before or after the commence- ment of this Act built, acquired vacant possession of, or been allo- tted a residence'- This clause makes a tenant liable for eviction if he has built a house for residence. But can it be said that he would be liable for eviction if he has built a house for residence anywhere in India: or is that he becomes liable for eviction if he has built the house in the area to which this Act extends.

(4) The rapid growth of population of Delhi resulting in a serious shortage of housing accommodation resulted in un-propcrtionately high rents, , were temtoed to terminate the ten uncles of the existing tenants and ask for their eviction in order to let out premises to the new tenats at exhorbitant rents. In order to meet the situation necessary legislation for controlling the rent and eviction of tenants was enacted. As the preamble of this Act shows it was enacted to provide for the control of rents and evictions in certain areas in the Union territory of Delhi This underlying object of Section 14(1)(h) was that in view of the growing shortage of housing accommodation in Delhi a tenant should nto be allowed to have more than one house for residence in Delhi. It was provided that in case a tenant built a residence, the landlord could get his house vacated. It would nto have been the intention that a tenant should nto have antoher house for residence anywhere in India. Usually a person has a house, may be in a village in remtoe corner of the country. To put his tenancy in jeopardy in Delhi for that reason is unwarranted. Sec- corporation 1(2) of the Act lays down the area of Delhi to which the Act extends, which does nto include rural areas within the limits of Municipal Corporation of Delhi. It is thus reasonable to infer that before a tenant becomes liable to efectment under section 14(1)(h), it should be proved that he has built, acquired vacant possession of, or been alltoted a residence within the areas to which this Act extends,

(5) The learned counsel f)r the landlord contends that if the ten- ant builds a residence anywhere in India, he would make himself liable for eviction. Reliance is placed on an unreported decision of the Punjab High Court in Kishan Chand Bharsavi v. Hari Nath Rastogi decided on 31st October, 1961. ln this case the learned single Judgle was interpretting section 13(1)(h) of the Delhi and Ajmer Rent Con- rol Act. 1952, which was exactly in the same words as clause (h) ref- erred to above, except that the word ^suitable' before the word residence' has been omitted in the present clause. I find that in this case the attention of the learned judge was nto drawn to the fact that the Act exter.ded only to those areas of Delhi which were rnenuon. ed the rein.

(6) The result is that the house built by the tenant being in area to which the Act does nto extend, he cannto be evicted on the ground in-entoned in section 14(1)(h) of the Act.

(7) The appeal, thereforee, is accepted and the order of the Rent Control of Tribunal is set aside. In the circurnstances of the case. there will be no order as to costs.

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