IMPORTANT POINT
Premium should not be placed on the filing of appeals merely to defeat a favourable decision on the unfair speculation that the endemic delay in disposal of appeals may result in defeating a decree because of the death of the landlord.

Judgment :-

Vikramajit Sen, J.

1. Leave granted. We have heard learned counsel for the parties in great detail, at the end of which a settlement was arrived at between them, the terms of which we shall spell out later.

2. The Appeal assails the order of the learned Single Judge of the High Court of Rajasthan in Second Appeal No.216 of 2010 dated 11.3.2011 which in turn related to the legal propriety of the decree of eviction passed by the First Appellate Court being the District Judge, Churu. The landlord/Appellant had filed a Suit for the eviction of the tenant/Respondent on sundry grounds out of which we are presently concerned only with that under Section 13(1)(h) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950, which envisages the eviction of a tenant on the predication of the landlord, “that the premises are required reasonably and bonafide by the landlord (i) for the use or occupation of himself or his family, …..”.

3. We have perused the Plaint, the salient averments of which are that “in order to solve his financial problem the plaintiff wants to start a business of Paapad, Badi and spices in the disputed shop to be looked after by his wife. The wife of the plaintiff also wants to do the same and the plaintiff after his retirement himself wants to pursue and continue this industry and business and keep up his source of income. In these situations since the plaintiff and his wife and children will also require place for their residence for which he wants to vacate and utilise two rooms, store and varandah as are built on the first floor which is presently with Jaiprakash on rent. The plaintiff and his wife also need rooms built at the second floor of the house for the business and industry of Paapad, Badi etc., and for their residential purposes and for other needs. In this way, the plaintiff has legitimate, reasonable and bonafide need of the disputed shop and room which is at second floor for himself and his family members.......”. After a perusal of these averments, it seems to us that it cannot be concluded that the eviction suit pleaded the bonafide need of only the subsequently deceased wife, either for commercial or residential requirement; the claimed need was of the plaintiff and his family.

4. The Trial Court, by its order dated 4.9.2003, decreed the Suit in favour of the Appellant-landlord which, as already indicated above, was upheld in appeal by the District Judge, Churu, by judgment dated 8.11.2010. However, in that duration, the Appellant-landlord's wife had passed away in 2007. In the impugned judgment, the High Court repelled the contention of the landlord that concurrent finding of fact ought not to be upset by the High Court in the Second Appeal. After doing so, the High Court did not view the claim of bonafide requirement of the tenanted premises favourably. This has resulted in the filing of the present appeal before us.

5. The discussion of the law should properly start with the three- Judge Bench decision in Pasupuleti Venkateswarlu v. The Motor & General Traders (1975) 1 SCC 770. Our research reveals that the question in hand has not received the attention of any larger Bench and hence if the ratio decidendi of Pasupuleti is to be varied, it per force has to be done by a larger Bench. In these circumstances, Pasupuleti holds the field on the question of the consideration to be given to events which have occurred subsequent to the institution of a suit and the disposal of any statutory appeal. Pasupuleti requires the Court to “take cautious cognisance of events and developments subsequent to the institution of the proceeding provided the rules of fairness to both sides are scrupulously obeyed.” After laying down these propositions the decision was to the effect that the recovery of another accommodation by the landlord during the pendency of the case, had material bearing on the right to evict since that right would be defeated by the statutory provisions itself. Pasupuleti did not ha