ATMA S BERAR Vs. MUKHTIAR SINGH
LAWS(SC)-2002-12-19
SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
Decided on
December 12,2002
ATMA S.BERAR
Appellant
VERSUS
MUKHTIAR SINGH
Respondents
Referred Judgements :-
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RAM DASS VS. ISHWAR CHANDER [REFERRED TO]
GULABBAI VS. NALIN NARSI VOHRA [REFERRED TO]
SHIV SARUP GUPTA VS. MAHESH CHAND GUPTA [REFERRED TO]
MUDIGONDA CHANDRA MOULI SASTRY VS. BHIMANEPALLI BIKSHALU [REFERRED TO]
LEKH RAJ VS. MUNI LAL [REFERRED TO]
Cited Judgements :-
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JUDGEMENT
R. C. Lahoti, J. -
(1.)An order for eviction from residential building on the ground of requirement of the landlord for his own occupation passed by the Controller and upheld in appeal by the Appellate Authority has been upset and reversed by the High Court in exercise of revisional jurisdiction. The aggrieved landlord is in appeal by special leave.
(2.)Section 13(3)(a) of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter the Act, for short) contemplates a landlord making an application to the Controller for an order directing the tenant to put the landlord in possession of residential building if he requires it for his own occupation. The order of the Controller is subject to appeal before Appellate Authority. Under sub-sec. (5) of S. 15 of the Act, the High Court is conferred with jurisdiction of calling for and examining the records for the purpose of satisfying itself as to the legality or propriety of any order passed or proceedings taken under the Act. The High Court may pass such order in relation thereto as it may deem fit.
(3.)The suit premises are a residential building constructed by the landlord-respondent in the year 1961 in the city of Moga. He was a member of Indian Revenue Service. He retired and lived in the suit premises with his wife up to 30-4-1982. On 1-5-1982 he let out a part of the suit premises to the tenant-respondent. The appellant, with all his experience acquired in the services, thought of the trying his luck as a consultant advisor in customs and central excise matters and hence shifted to the industrial township of Ludhiana. On 14-6-1991 the landlord initiated proceedings for the eviction of the tenant-respondent alleging that he had grown old and was not in a position to continue the profession of consultant advisor. At one time he had a mind of purchasing or renting in suitable accommodation but at the end he had given up the idea and decided finally to settle in Moga and live peacefully in the suit premises of his own. His wife too was in a fragile state of health and Moga provided adequate medical facilities to take care of the wifes health apart from the warmth of affection and nearness of friends and relations and old acquaintances.
(2.)Section 13(3)(a) of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter the Act, for short) contemplates a landlord making an application to the Controller for an order directing the tenant to put the landlord in possession of residential building if he requires it for his own occupation. The order of the Controller is subject to appeal before Appellate Authority. Under sub-sec. (5) of S. 15 of the Act, the High Court is conferred with jurisdiction of calling for and examining the records for the purpose of satisfying itself as to the legality or propriety of any order passed or proceedings taken under the Act. The High Court may pass such order in relation thereto as it may deem fit.
(3.)The suit premises are a residential building constructed by the landlord-respondent in the year 1961 in the city of Moga. He was a member of Indian Revenue Service. He retired and lived in the suit premises with his wife up to 30-4-1982. On 1-5-1982 he let out a part of the suit premises to the tenant-respondent. The appellant, with all his experience acquired in the services, thought of the trying his luck as a consultant advisor in customs and central excise matters and hence shifted to the industrial township of Ludhiana. On 14-6-1991 the landlord initiated proceedings for the eviction of the tenant-respondent alleging that he had grown old and was not in a position to continue the profession of consultant advisor. At one time he had a mind of purchasing or renting in suitable accommodation but at the end he had given up the idea and decided finally to settle in Moga and live peacefully in the suit premises of his own. His wife too was in a fragile state of health and Moga provided adequate medical facilities to take care of the wifes health apart from the warmth of affection and nearness of friends and relations and old acquaintances.
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