A government servant who has been allotted premises under the Madras Buildings (Lease and Rent Control) Act is only a licensee and not a tenant.

ORDER :- The petitioner is an allottee of a portion in premises No. 63 Angappa Naicken Street. It appears that this premises was originally allotted to the third respondent, a Government servant. On his expressing his willingness to let out a portion as the entire house was too large for his then requirements, Government took back a portion of the house and allotted it to the petitioner who is also a Government servant. The arrangement seems to have been that the third respondent used to collect the rent for this portion from the petitioner and pay it over to the landlord. According to the petitioner, certain personal disputes arose between himself and the third respondent as a result of which the third respondent moved the Accommodation Controller for cancellation of the allotment in favour of the petitioner and the allotment of the entire house to himself. Orders appear to have been passed accepting the need of the third respondent for the occupation of the entire house. The result was that the allotment in favour of the petitioner was put an end to and he was directed to vacate that portion and hand over vacant possession thereof to the Accommodation Controller. The petitioner made certain representations, but they failed to move the appropriate authorities, and, finally, he was told that if he did not surrender possession, he would be forcibly evicted from the premises. The petitioner seeks the issue of a writ of certiorari to cancel this order, his contention being that as he is a sub-tenant under the third respondent, he cannot be so evicted, and that Section 3(9)(a)(ii) of the Madras Kent Control Act cannot be invoked for the purpose.

2. It is unnecessary to traverse the averments in the counter affidavit of the third respondent except to say that he denies the allegations of any personal illwill towards the petitioner. On behalf of the Accommodation Controller and the State of Madras, the stand has been taken that the petitioner is not justified in his contention that the provisions of the Act have been misused, or that the order is in excess of the powers vested in the appropriate authority. It is stated that the petitioner is only a licensee and that according to the terms of the allotment order, it is open to the Government to revoke the licence and obtain vacant possession of the premises.

3. The question is whether Section 3(9)(a)(ii) is applicable to the facts and circumstances of the present case. It is not in dispute that though the third respondent wished to sublet a portion of the premises on his own account and sought the permission of the Government to do so, Government refused to permit that course. On the other hand, they took over that portion of the premises with the result that there were two allotments in respect of the house instead of one, part of the house being allotted to the third respondent and part of the house to the petitioner. Section 3 of the Act enables the Government to obtain possession of any premises, the vacancy of which has been notified if the Government should require the premises for the occupation of a servant of the Government, or of any local authority, or of any public institution under the control of the Government. Thereafter the Government becomes the statutory tenant; and when it puts in any one of the above class of

persons, i.e., a Government servant or a local authority or a public institution, as the occupier of the premises, that occupier does not become the tenant under the owner. The tenancy which is statutory is only as between the owner and the State Government. What the Government do on the occasion of such allotment is to obtain an agreement in writing from the Government servant concerned whereunder he undertakes to vacate the building as and when the Government should require him to do so. It is also not in dispute that a person who has been allotted premises in the above manner is not entitled to continue in occupation when he ceases to be a Government