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TMI Blog2000 (3) TMI 1040X X X X Extracts X X X X X X X X Extracts X X X X ..... on scheduled premises was not a rented land but was a building as contemplated under the Act and he also alleged that the landlord had not given material particulars in regard to its requirement of additional space. By an amendment of his objection, the tenant further pleaded that the landlord had filed several other applications against other tenants alleging personal requirement and during the pendency of the eviction petition in question, it had obtained possession of building and land from three other tenants, hence, the landlords claim for his eviction is not bona fide. In its rejoinder petition, the landlord admitted that it had obtained possession of three premises through eviction proceedings and the same along with petition scheduled land was required for its extension of coal yard, the foundry and for storage of foundry material like sand, earth, fire wood, fire-bricks etc. The trial court framed the following issues for its consideration: - 1. Whether the applicant Company is a private limited company and whether Ram Avtar is a competent to file the present application for ejectment ? OPA. 2. Whether the property in dispute is a rented land and if so its effect ? OPA. 3. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the respondent-landlord had earlier obtained eviction of other tenants under the very same provision of law. On behalf of the landlord, Shri Parag Tripathi, learned senior counsel pointed out that Rule 4 of the Rules is not mandatory and is only directory even otherwise the combined reading of the eviction petition along with the averments in the rejoinder petition, a case of the landlord is clearly made out and necessary issues having been struck on this point and parties having led evidence on this point, there was sufficient material to decide the claim of the landlord and no prejudice has been caused to the appellant. Adverting to the second question, he contended that the power of the revisional court under the Act is much wider than the power conferred on the High Court under Section 115 of the Code of Civil Procedure, therefore, the court, under Section 15 of the Act, has the jurisdiction to correct any illegality or impropriety committed by the Appellate Authority. In reply to the third point, he contended that the proviso relied upon by the appellant did not apply to the facts of the case. He also argued that this point of the applicability of the proviso was not raised sp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of fact has arrived at a conclusion which is not perverse or possible to be accepted on the materials placed before it. In other words, if the High Court comes to the conclusion that the finding of the first Appellate Court is based on no evidence then in a given case it is open to the High Court to interfere with such finding of fact. In the instant case, we are not convinced that the High Court has exceeded in its jurisdiction while allowing the revision of the landlord on this count. Therefore, this question urged on behalf of the appellant is also rejected. This leaves us to consider the third point raised on behalf of the appellant. The argument is based on the first proviso to Section 13(3)(i)(b) of the Act which reads as follows : (b) in the case of rented land, if he requires it for his own use, is not occupying in the urban area concerned for the purpose of his business any other rented land and has not vacated such rented land without sufficient cause after the commencement of the 1949 Act; Based on this proviso and relying upon the fact that before the eviction was ordered in this case, the landlord had obtained possession of three other rented lands through eviction p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... but the High Court did not consider this argument in its correct perspective. Further, it was pointed out to us that in the review petition filed before the High Court, specific grounds were raised alleging that the argument based on the proviso was addressed and the court failed to consider the same, still the High Court while rejecting the review petition did not consider this point. In this background, we are convinced that the tenant did raise this question before the courts below which ought to have been considered by the courts below. Therefore, we deem it appropriate that the tenant be permitted to raise this question. On behalf of the landlord, it is next contended that the proviso does not apply to the facts of this case, since on the date of filing of the present eviction petition, the landlord had not obtained possession of any other tenanted premises. Subsequent possession obtained by it would not be an embargo for the landlord to claim possession of the present petition scheduled premises. Elaborating this argument on behalf of the landlord, it is contended if on the date of filing of the eviction petition, a landlord has not by then obtained possession of any other pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r example, if the landlord is seeking eviction of a tenant on the ground that the same is required for the use of his son then, in view of the proviso applicable to that sub-section, he can seek eviction of the premises only once. Similarly, if the landlord is seeking eviction for his own occupation under Section 13(3)(b) of the Act then by virtue of the proviso applicable to that sub-section, the landlord can seek such eviction only once in regard to the premises of the same nature. Therefore, in our opinion, the bar imposed by the proviso is in fact a bar on the right of the landlord to seek actual eviction and not confined to the filing of the application for eviction. On behalf of the landlord, it is contended that while interpreting a Statute the courts should apply the rule of literal construction and if it is so interpreted then the wordings of the proviso would show that the restriction imposed by the proviso is restricted to the stage of filing of the application for eviction only. We agree with this contention of the landlord that normally the courts will have to follow the rule of literal construction which rule enjoins the court to take the words as used by the Legislat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... out eviction proceedings against the other tenant after having evicted one. The object of this proviso is that a landlord should not be allowed to seek unreasonable ejectments of tenants from independent buildings if he has already succeeded in evicting a tenant from a building which is sufficient for his personal occupation. Based on the above-cited two judgments of the High Court, it is contended that the landlord in the instant case is seeking eviction of a part of the premises owned by it which is leased to the present appellant. Eviction of the three other tenants referred to herein above was from the premises which are parts of the same premises, therefore, in view of the above judgment the bar under the proviso is not applicable. We find it difficult to accept this argument of the landlord also. From the language of the proviso we do not find any support for this argument of the appellant or to the conclusions arrived at by the High Court in the above-referred judgments. The proviso does not make any such distinction between a landlord seeking possession of the premises held by more than one tenant occupying the same building or the tenants occupying different independent b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es hardship, it cannot be interpreted in a manner so as to defeat its object. We may notice at this stage that constitutional validity of the proviso is not in challenge before us, therefore, we will have to proceed on the footing that the proviso, as it stands, is intra vires and interpret the same as such. This leaves us to consider the last argument of the landlord that the applicability of this proviso being a mixed question of law and fact and there being no issues before the courts below, the same cannot be applied in abstract. We see force in this contention before refusing eviction based on the ground of the bar imposed by the proviso. The Court will have to come to the conclusion that the premises/land eviction whereof has been obtained by the landlord, belong to the same class of building or tenanted land. This finding of the Court will be dependent upon the facts which are not available on records of this case. The absence of this evidence will cause prejudice to the landlord if the said question is to be decided in these appeals. Though in the earlier part of this judgment, we have held that the parties in this case have pleaded the facts necessary for invoking the prov ..... X X X X Extracts X X X X X X X X Extracts X X X X
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