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1966 Supreme(Del) 30

High Court Of Delhi
ROOP LAL MEHRA - Appellant
Versus
KAMLA SONI - Respondent
SECOND APPEAL 186-D of 1965
Decided On : 02/28/1966

Advocates Appeared:
D.D.Chawla, M.K.CHAWLA, R.DAYAL, S.N.CHOPRA

The landlord's requirement for the premises must be bona fide and judged from a practical and not fanciful point of view, and the suitability of alternative accommodation must be decided from the standpoint of a reasonable landlord, considering all relevant circumstances.

Headnote:

LANDLORD AND TENANT - RENT CONTROL - EVICTION - BONA FIDE REQUIREMENT - REASONABLY SUITABLE ACCOMMODATION - INTERPRETATION OF SECTION 14 (1) (E) OF DELHI RENT CONTROL ACT, 1958.

Fact of the Case:

Landlady sought eviction of tenant from the first floor of a double-storeyed house, claiming she required it for her own occupation and had no other reasonably suitable residential accommodation. The ground-floor flat, vacated by another tenant, was available to the landlady, but she claimed she needed the entire house as she and her family were not accustomed to living in a house with another tenant.

Finding of the Court:

The Rent Controller and Rent Control Tribunal found in favor of the landlady, holding that the ground-floor flat was not reasonably suitable for her needs.

Issues: 1. Whether the landlord's requirement for the premises is bona fide? 2. Whether the landlord has other reasonably suitable residential accommodation available?

Ratio Decidendi: 1. The requirement of bona fide by the landlord is not solely subjective and must be judged from a practical and not fanciful point of view. 2. The suitability of alternative accommodation must be decided from the standpoint of a reasonable landlord, considering all relevant circumstances, including social customs and habits.

Final Decision: The appeal was allowed, and the order of the Rent Control Tribunal was set aside. The court held that the landlady had other reasonably suitable accommodation available and failed to satisfy the conditions laid down in section 14 (1) (e) of the Delhi Rent Control Act, 1958.

S. K. Kapur

( 1 ) A double-storeyed house on Original Road, Karol Bagh, New Delhi, belongs to Kamla Soni respondent. The first floor of the house is let to Roop Lal appellant. The landlady applied for the tenant s eviction from the first floor on the ground that she bonafide required it for occupation as a residence for herself and that she had "no other reasonably suitable residential accommodation. " It appears that at the same time by a separate application, the landlady had asked for the eviction of another tenant who was in occupation of the ground-floor of the house and that portion was vacated by that tenant and became available for occupation by the landlady. The respondent did not go into the occupation of that portion and in support of her claim for eviction said that she actually needed the whole of the house, as she and her family had decided to shift to Delhi from Ambala and they were not used to live in any house in which another person or another tenant may be living. This allegation was made in answer to the obvious suggestion forthcoming in defence that the respondent was in a position to occupy the groundfloor vacated by the other tenant and that that flat was sufficient for the respondent s needs. It also appears that the ground-floor flat rendered available to the landlady consists of four bedrooms, one drawing room, one dining room and one office room, apart from a number of verandahs. The landlady s family consists only of herself, her husband and one adopted daughter. The Addl. Rent Controller was faced with two questions: (1) whether the respondent really required the first floor for her own residence? And, (2) whether the accommodation available to the respondent in the ground-floor flat was not reasonably suitable for her needs? Both those questions were answered by the Additional Rent Controller in favour of the landlady and an order of eviction was passed. The appellant in this Court took an appeal to the Rent Control Tribunal, but did not succeed there. The Rent Control Tribunal had recourse to a number of decisions bearing on the question whether the requirements of a particular landlord were to be left subjectively to his own state of mind or whether the question of accommodation actually in possession of the landlord being reasonably suitable was to be judged objectively and in the context of physical sufficiency of the accommodation, and consequently the physical sufficiency of the accommodation alone was to be considered or also the surrounding circumstances relevant to the question of suitability? The Tribunal seems to have adopted the view, and primarily on the basis of certain decisions of this Court, that in determining the issue the dominant fact must be the state of landlord s mind and even on the question of suitability of accommodation in his possession, the suitability or non suitability must be judged with reference to his state of mind. I will advert to the various decisions relied on by the Tribunal a little later, but it would be relevant to quote here the finding arrived at by the Tribunal. It is,-"taking into consideration the status of the family and the fact that they are not accustomed to live in a house, part of which is occupied by any other person, and the likelihood of the interference in the privacy by the occupation of the first floor by the appellant, I agree with the findings of the Additional Controller that the existing accommodation in possession of the landlady is not reasonably suitable within the meaning of clause (e) of the proviso to section 14 (1) of the Delhi Rent Control Act. " The Tribunal also held that,-

"the accommodation in possession of the landlady on the ground-floor of this house consists of one office room, one drawing room, one dining room, four bedrooms, four verandahs, two stores and one garage besides grassy lawns on three sides. This accommodation may be sufficient for the landlady and her husband, but we have to consider other circumstances











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