SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1987 Supreme(SC) 337

SUPREME COURT OF INDIA
A.P.Sen : G.L.Oza : V.B.Eradi
Prativa Devi
Versus
T.V.Krishnan
Case No. : of 1987
Date of Decision : 3/12/87

Headnote:

Civil Procedure Code,1908 – Section 115 - Delhi Rent Control Act, 1958 – Section 14(1),14(1)(e),25-B(8) – Suit for premises - Appellant who is a widow, since demise of her husband has been staying as a guest with one who was a family friend of her late husband - There is nothing to show that she has any kind of right whatever to stay in house of Said one - On the other hand/she is there merely by sufferance - Reason given by High court that appellant is an old lady aged about 70 years and has no one to look after her and therefore she should continue to live with said one was hardly a ground sufficient for interference - Landlord is the best judge of his residential requirement - He has a complete freedom in the matter - It is no concern of the courts to dictate to landlord how, and in what manner, he should live or to prescribe for him a residential standard of their own - High court is rather solicitous about the age of appellant and thinks that because of her age she needs to be looked after - Now, that is a lockout of appellant and not of High court - Whether landlord has a legal right to such accommodation – Held, court accordingly overrule decision of the Delhi High court in Sat Pal v. Nand Kishore as not laying down good law - In the premises, the judgment of High court disallowing appellants claim cannot be supported - In considering the availability of alternative accommodation, court has to consider not merely whether such accommodation is available but also whether landlord has a legal right to such accommodation - Appellant had established her bona fide personal requirement of the demised premises under Section 14(1(e) of Act and her claim could not be disallowed merely on the ground that she was staying as a guest with a family friend by force of circumstances - In result, appeal must succeed and is allowed with costs – Court set aside the judgment and order of High court and restore that of Rent Controller directing eviction of respondent from the demised premises under Section 14(1(e) of the Delhi Rent Control Act, 1958 - Respondent is given four months’ time to vacate premises subject to filing of usual undertaking within four weeks – Appeal allowed.

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  1. The appellant, a widow, was staying as a guest with a family friend of her late husband, without any legal right or entitlement to occupy the premises (!) (!) .

  2. The court emphasized that the landlord has the exclusive right to determine his residential requirements and that courts should not interfere with this discretion, especially based on the age or personal circumstances of the tenant (!) .

  3. The high court's reasoning that the appellant's age and need for care justified her continued stay was considered insufficient and an overreach, as it infringed on the landlord's rights (!) .

  4. The court found that the appellant established her bona fide requirement for the premises under the relevant legal provision, and her stay as a guest did not negate her claim (!) (!) .

  5. The court clarified that in assessing the landlord’s bona fide need, the availability of alternative accommodation is relevant, but the legal right to occupy such accommodation is also a crucial factor (!) (!) .

  6. The decision of the higher court was reversed, affirming the original order directing the eviction of the respondent, with a four-month period granted for vacating the premises, subject to the filing of an undertaking (!) (!) .

  7. The court highlighted that the mere fact of staying as a guest, especially under circumstances of necessity, does not prevent a landlord from claiming eviction if the bona fide personal requirement is established (!) (!) .

These points summarize the core legal principles and findings from the document, focusing on the landlord's rights, the bona fide requirement, and the court's stance on alternative accommodation and the appellant’s stay.


(1) IN this appeal by special leave directed against the judgment of the Delhi High court dated 1/5/1986 reversing the order passed by the Controller of Rents, Delhi dated 24/5/1985 directing the eviction of the respondent under clause (e) to the proviso to Section 14(1 of the Delhi Rent Control Act, 1958, the only contention is that the High court was not justified in the facts and circumstances of the case in interfering with the order of the learned Rent Controller allowing the application made by the appellant-landlady under Section 14(1(e) of the Act. After hearing learned counsel for the parties, we are satisfied that the contention must prevail. Although the revisional power conferred on the High court under Ss. (8 of Section 25-B of the Act may not be as narrow as the revisional power under Section 115 of the Code of Civil Procedure, 1908, there was no ground on which the legality and propriety of the order of the learned Rent Controller could be successfully assailed. The learned Rent Controller had kept the legal principles in view and on an objective determination come to a definite conclusion that the need of the appellant of the demised premises at C-192, Sarvodaya Enclave, New Delhi for her residential use was bona fide and that she did not have any alternative accommodation available for that purpose within the meaning of Section 14(l)(e) of the Act. The High court ought not to have interfered under Section 25-B (8 merely on the ground that on a reappraisal of the evidence it would have come to a contrary conclusion.

(2) THE proven facts are that the appellant who is a widow, since the demise of her husband late Shiv Nath Mukherjee, has been staying as a guest with Shri N.C. Chatterjee who was a family friend of her late husband, at B-4/20, Safdarjang Enclave, New Delhi. There is nothing to show that she has any kind of right whatever to stay in the house of Shri Chatterjee. On the other hand/she is there merely by sufferance. The reason given by the High court that the appellant is an old lady aged about 70 years and has no one to look after her and therefore she should continue to live with Shri Chatterjee, was hardly a ground sufficient for interference. The landlord is the best judge of his residential requirement. He has a complete freedom in the matter. It is no concern of the courts to dictate to the landlord how, and in what manner, he should live or to prescribe for him a residential standard of their own. The High court is rather solicitous about the age of the appellant and thinks that because of her age she needs to be looked after. Now, that is a lockout of the appellant and not of the High court. We fail to appreciate the High court giving such a gratuitous advice which was uncalled for. There is no law which deprives the landlord of the beneficial enjoyment of his property. We accordingly reverse the finding reached by the High court and restore that of the Rent Controller that the appellant had established her bona fide requirement of the demised premises for her personal use and occupation, which finding was based on a proper appreciation of the evidence in the light of the surrounding circumsta/nces.,

(3) THE learned counsel for the appellant however relies on the following observations made by a learned Single Judge (T.P.S. Chawla, J.) supposed to be based on the decision of this court in Phiroze Bamanji Desai v. Chandrakant N. Patel to the effect:

"I think, the true test is whether, on an overall and reasonable view, it can be said that the landlord has suitable accommodation available for his use. In deciding this question one should certainly have regard to the fact that the landlord has no legal right to the other accommodation, but that is only a factor and not the end of the matter."

These observations proceed on a misunderstanding of the ratio of the decision of this court in Phiroze Bamanji Desai case. The High court was in error in laying down that the test is






Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top