VERY IMPORTANT POINTS
1. While considering the bona fides of the need of the landlord the crucial date is the date of petition. Subsequent events to overshadow the genuineness of the need must be of such nature and of such a dimension that the need propounded by the landlord should have been completely eclipsed by such subsequent events.
2. Apex Court expressed concern over long delays in disposal of cases, particularly in High Courts, as in this case landlord would get business premises after 23 years delay. Suggestion given to reduce such delay in making a cell detecting pending cases for speedy disposal.

Headnote:(i) U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972-Section 21(1)(a)-Eviction petition on the ground of bona fide need of a shop building for landlord s son to run a clinic and for himself to start radio repairing work after retirement-Prescribed authority found need to be bona fide, ordered eviction in 1982-Affirmed in appeal in 1985-High Court affirmed it in further revision in 2000-Appeal to Supreme Court by special leave-Plea need of son disappearing as he joined service away from Agra-Subsequent event to be taken into account-Law discussed-Whether need be seen on date of application? (Yes)-Subsequent events whether negativate it? (No)-Appeals dismissed.
       Held : We have no doubt that the crucial date for deciding as to the bona fides of the requirement of the landlord is the date of his application for eviction. The antecedent days may perhaps have utility for him to reach the said crucial date of consideration. If every subsequent development during the post petition period is to be taken into account for judging the bona fides of the requirement pleaded by the landlord there would perhaps be no end so long as the unfortunate situation in our litigative slow process system subsists. During 23 years after the landlord moved for eviction on the ground that his son needed the building, neither the landlord nor his son is expected to remain idle without doing any work, lest, joining any new assignment or starting any new work would be at the peril of forfeiting his requirement to occupy the building. It is a stark reality that the longer is the life of the litigation the more would be the number of developments sprouting up during the long interregnum. If a young entrepreneur decides to launch a new enterprise and on that ground he or his father seeks eviction of a tenant from the building, the proposed enterprise would not get faded out by subsequent developments during the traditional lengthy longevity of the litigation. His need may get dusted, patina might stick on its surface, nonetheless the need would remain intact. All that is needed is to erase the patina and see the gloss. It is pernicious, and we may say, unjust to shut the door before an applicant just on the eve of his reaching the finale, after passing through all the previous levels of the litigation, merely on the ground that certain developments occurred pendente lite, because the opposite party succeeded in prolonging the matter for such unduly long period. (Para 10)
       In our opinion, the subsequent events to overshadow the genuineness of the need must be of such nature and of such a dimension that the need propounded by the petitioning party should have been completely eclipsed by such subsequent events. (Para 13)
       Considering all the aforesaid decisions, we are of the definite view that the subsequent events pleaded and highlighted by the appellant are too insufficient to overshadow the bona fide need concurrently found by the fact finding courts. (Para 17)
       Finally held we dismiss these appeals. (Para 20)
       (ii) Justice delayed is Justice denied-Long delay of disposal of cases in High Courts-Suggestion to solve the problem of parties getting justice after decades.
       Held : We wish to add, as an epilogue, that this case can provide a catalytic agent for the High Courts to evolve some concrete schemes for winching to the fore similar long pending matters, lying in torpidity at the bottom of the crammed list of pending cases in the High Courts after passing the initial orders, keeping the operative part of decrees in abeyance. It is worth considering whether a cell can be set up in each of such High Courts where the piles of backlog are a stirring problem, to pick out such cases to be brought to the notice of the Chief justice of the High Court concerned so that he could take appropriate steps in the matter. (Para 18)
       The above is not an advice, but only a suggestion. If any alternative suggestion would appear better the same can be resorted to. The time is running out for doing something to solve the problem which has already grown into monstrous form. If a citizen is told that once you resort to legal procedure for realisation of your urgent need you have to wait and wait for 23 to 30 years, what else is it if not to inevitably encourage and force him to resort to extra legal measures for realising the required reliefs. A Republic, governed by rule of law, cannot afford to compel its citizens to resort to such extra legal means which are very often contra legal means with counter-productive results on the maintenance of law and order in the country. (Para 19)

JUDGMENT

Thomas, J.-Leave granted.

2. This case presents a sample scenario of the tormenting plight of an average litigant who approaches the court with all expectations of getting relief for his urgent need. But the snail paced litigation creeping through all the tiers of the judicial hierarchical forums would have frustrated all his expectations, though others could admire the tenacity with which he persisted with the cause. Twenty three years ago, the litigant in this case wanted accommodation for his son, who then became a medical graduate, to start a clinic so that from the stage of a fledgling in the profession of medicine he could fly higher up. His father who owns the building moved for eviction of the tenant from the building for the said purpose. Although he won the battle at all tiers the urgently needed eviction is till now eluding him as a mirage.

3. Appellant is the tenant of a shop building situate at Khalsa Gali, Agra. In 1978, the respondent-landlord filed an application under Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (for short the U.P. Act ) on a twin need. One is that his son who passed his medical examination wanted to carry on medical practice and this building was needed for housing his clinic. The other is, the landlord himself had just retired from Railway service and he too did not want to waste his time, talent and energy and hence he wanted to start a radio repairing work which he thought could be performed by using a portion of the building. The first forum, called the Prescribed Authority, where the application was filed, found the claim bona fide and ordered eviction on 25.3.1982. It was further found by the said authority that the tenant has alternative accommodation in the same city for doing his business.

4. Appellant filed an appeal but it took only 3 years for the appellate court to dismiss the appeal on 10.10.1985. Though three years of pendency of an appeal is too much for a litigant it is not considered unduly long by the standards now developed regarding the pendency position of cases in the courts in India.

5. The lengthiest leap which appellant secured was thereafter when he approached the High Court. He filed a writ petition challenging the order of eviction before the High Court of Allahabad in 1985 and the High Court after entertaining the writ petition granted stay of operation of the eviction order. With the said initial dosage administered by the High Court at the entry stage, the hibernated writ petition seemed to have been consigned to records where it remained in torpidity for a record period of 15 years. The dust stricken writ petition was taken up and disposed of only thereafter and the High Court found no ground to interfere with the order challenged before it. Appellant who gained such a record time did not hesitate to make a plea to the High Court to grant him six months time more to vacate and that too was acceded to on a condition that appellant should give an undertaking before original authority that he would vacate the premises within six months.

6. The appellant who lost at all levels and yet succeeded during all these years by keeping the order of eviction at bay, lately discovered that the landlord s son, for whom the eviction was sought, joined the Provincial Medical Service after 12 years of the institution of the lis. On that premise appellant ventured to move the same High Court once again, and this time for a review of the order. However, the review petition was dismissed by the High Court as per its order which is also impugned now.

7. In the appeal petition filed in this Court appellant stated that the son of the landlord who joined the Provincial Medical Service is posted at a place situated 200 kilometers from Agra, whereat the building is situate, and that he is now getting a pay of Rs.15,000/- per month.

8. The point sought to be urged is that, subsequent developments may also be taken i

Click Here to Read the rest of this document

2001 Supreme(SC) 228

Cases Referred (5)