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SUPREME COURT OF INDIA
M.Y. Eqbal, S.A. Bobde, JJ.
Dr. Ambica Prasad - Appellant
Versus
Md. Alam and another - Respondents
CIVIL APPEAL NO.3391 OF 2015 (arising out of S.L.P.(C) NO.19487 of 2014)
Decided on: 08-04-2015
AIR 1981 SC 113 – Relied upon
(b) Assam Urban Areas Rent Control Act, 1972 – Section 2(c) and 5 – Exchange deeds for the property not denied – Appellant, owner of the suit premises – Respondent defaulting in payment of rent – Only electricity charges paid and accepted by appellant owner – Even if his brother collected rent, nothing debarred appellant from filing eviction suit on ground of default and personal necessity. (Para 16, 19)
(c) Transfer of Property Act, 1882 – Section 109 – Tenancy – Lessor transferring g his rights to another person – Transferee gets all rights and liabilities in respect of subsisting tenancy – Attornment by the tenant not necessary – Notice u/s 106 in terms of old lease would be proper – So also the suit for ejectment. (Para 18)
Facts of the case:
The appellant filed an eviction suit against Abdul Karim, the father of the respondents.
The appellant claimed that he had became the owner of the suit property by virtue of two exchange deeds executed on 23.04.1975 with his brother PW3 Ranjeet Prasad, the original owner.
In 1968, before the execution of the said exchange deed, PW3 Ranjeet Prasad had let one of the rooms in the building in the suit property to Rahim Baksh, the father of Abdul Karim and the grandfather of the respondents. Even after the execution of the exchange deed, PW3 Ranjeet Prasad continued collecting rent from the tenants of the suit property including Rahim Baksh and on Rahim’s death, his son Abdul Karim till February, 2007 with the consent of the appellant.
The appellant also cited bonafide need of the suit property for the purpose of opening a medical clinic being a retired surgeon. The appellant hence prayed for the eviction of Abdul Karim.
The trial court dismissed the suit, rejecting plaintiff-appellant’s contention that Abdul Karim had defaulted in the payment of rent and that he needed the suit property for bonafide use on the grounds that the appellant was not the landlord of the suit property and Abdul Karim had been admittedly depositing the rent in the court.
Allowing the appeal, the appellate court directed the defendant Abdul Karim to vacate the suit property.
The High Court allowed the revision petition filed by the respondents-tenants and dismissed the suit for eviction filed by the appellant.
Finding of the Court:
The approach of the High Court reversing the appellate court’s finding cannot be sustained in law.
Result: Appeal allowed.
Certainly. Based on the provided legal document, here are the key points:
The definition of 'landlord' under the relevant Rent Act is very broad, encompassing not only the owner but also any person receiving rent on their own behalf or for the benefit of others, including trustees, guardians, or receivers (!) (!) . However, for eviction based on personal necessity, the person claiming to be the landlord must prove ownership of the property (!) (!) .
The transfer of property rights to a transferee includes all rights and liabilities related to the existing tenancy, even if the tenant has not attorned, and notice under relevant lease provisions remains proper (!) (!) (!) (!) (!) (!) .
The person seeking eviction on grounds of personal necessity or default must establish that they are the owner of the property and have the right to occupy it in their own right, not merely that they are receiving rent or acting as a rent collector (!) (!) .
The relationship of landlord and tenant is a jurisdictional fact in proceedings under the Rent Act, and courts are duty-bound to examine whether such a relationship exists based on the record and relevant evidence (!) (!) .
Evidence such as ownership deeds, notices, and conduct of the parties (e.g., rent payments, deposit in court, rent collection) are relevant in establishing the existence of a landlord-tenant relationship and the rights of the parties (!) (!) (!) .
The legal interpretation emphasizes that a rent collector or agent does not automatically qualify as a landlord for eviction purposes unless they also prove ownership and the right to occupy in their own right (!) .
When a property is transferred, the transferee steps into the shoes of the original landlord with all rights and liabilities, and such transfer does not require tenant attornment for validity (!) (!) (!) (!) .
Courts must consider all relevant facts, including ownership, conduct, and contractual agreements, to determine the existence of a landlord-tenant relationship and the validity of eviction claims (!) (!) (!) .
The courts have a duty to analyze whether the relationship is established based on the totality of evidence and legal provisions, and failure to do so may result in the reversal of judgments (!) (!) .
In cases of transfer of property rights, the subsequent owner can initiate eviction proceedings without requiring the tenant to attorn to them, provided the transfer complies with legal requirements (!) (!) (!) .
These points collectively highlight the importance of ownership, the broad scope of 'landlord' under the law, and the procedural and evidentiary requirements necessary to establish a landlord-tenant relationship and valid grounds for eviction.
JUDGMENT
M.Y. EQBAL, J.
Leave granted.
2. This appeal by special leave is directed against the judgment and order dated 04.04.2014 of the Gauhati High Court whereby the revision petition filed by the respondents was allowed and the eviction suit filed by the appellant was dismissed.
3. The litigation between the parties commenced when the appellant filed an eviction suit against Abdul Karim, the father of the respondents. The case of the appellant was that he had became the owner of the suit property by virtue of two exchange deeds executed on 23.04.1975 with his brother PW3 Ranjeet Prasad, the original owner. In 1968, before the execution of the said exchange deed, PW3 Ranjeet Prasad was said to have let one of the rooms in the building in the suit property to Rahim Baksh, the father of Abdul Karim and the grandfather of the respondents. However, even after the execution of the exchange deed, PW3 Ranjeet Prasad was stated to have continued collecting rent from the tenants of the suit property including Rahim Baksh and on Rahim’s death, his son Abdul Karim till February, 2007 with the consent of the appellant. In 2007, the appellant was stated to have taken over the affairs of the suit property, mutated his name as the owner and requested Abdul Karim to execute a fresh agreement with him. The appellant contended that Abdul Karim had not only failed to execute a fresh agreement but also failed to pay the rent except for the electricity bills. The appellant also cited bonafide need of the suit property for the purpose of opening a medical clinic being a retired surgeon. The appellant hence prayed for the eviction of Abdul Karim.
4. Defendant Abdul Karim filed written statement denying all the allegations and alleged that PW3 Ranjeet Prasad had executed tenancy agreement dated 28.12.1968 in favour of Rahim Baksh and later on executed tenancy agreement dated 20.05.2006 in his favour. He denied being informed of the exchange deed dated 23.04.1975 and contended that Ranjeet Prasad was his landlord and not the appellant. The defendant Abdul Karim alleged that since they refused to accept the rent from him from March, 2007 onwards, the defendant deposited the rent in court. The defendant prayed for the dismissal of the suit.
5. The trial court noted that PW3 Ranjeet Prasad had represented himself to be the landlord in the agreement dated 20.05.2006 and in the rent receipts and also filed a suit for eviction against one of the tenants in the suit property in the capacity of a landlord. PW3 was noted to have never stated being the representative of the appellant or there being a property exchange. Even if it was assumed that he had received the electricity charges, the appellant was held to have failed to prove himself as the landlord as the appellant had not produced any evidence of having received rent from any of tenants. The mutation entry in his name was held to be not proof of title in the suit property. Considering the deposition of Abdul Karim as DW1, wherein he stated that the appellant had refused to accept the rent from him, the trial court held that the appellant had waived his right to be called a landlord. The trial court held that PW3 Ranjeet Prasad was the landlord of the suit property under section 2(c) of the Assam Urban Areas Rent Control Act, 1972 (in short, “Rent Act”). The trial court dismissed the suit, rejecting plaintiff-appellant’s contention that Abdul Karim had defaulted in the payment of rent and that he needed the suit property for bonafide use on the grounds that the appellant was not the landlord of the suit property and Abdul Karim had been admittedly depositing the rent in the court.
6. Aggrieved by the decision of the trial court, the appellant preferred an appeal before the District Court. The appellate court noted that the ownership of the suit property has been proved in the light of the exchange deed, which remained unchallenged by the defendant and supported by PW3 Ranjeet Prasad. The appellate court fur
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