TMI Blog1990 (2) TMI 304X X X X Extracts X X X X X X X X Extracts X X X X ..... andlord brought an action for eviction under section 13 of the Act on the ground of arrears of rent, sub-letting etc. His case was that appel- lants 1 and 2 inducted Saligram appellant No: 3 as a sub- tenant and delivered exclusive possession of the shop prem- ises. The eviction was also sought on the ground that the tenant has made alterations resulting in material impairment in the value and utility of the premises. The appellant s case was that the shop was taken on lease by Amar Chand as partner of the firm M/s Amar Chand in which Amar Chand, Diwan Chand and Saligram were all partners in the business from the very commencement of tenancy. They denied that Saligram was inducted as subtenant. They also refuted the allegations as to material alterations affecting the value and utility of the premises. Before the Rent Controller the respondents on the first date of hearing tendered the arrears of rent, with interest and cost determined by the Controller. The amount was ren- dered evidently under the proviso to Section 13 sub-section (2)(i) of the Act. Mr. Satpal Singh the common counsel for all the respondents tendered the amount alongwith his state- ment, which reads as follows: ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court has held that the tenant as defined under the Act could deposit or tender the amount under the proviso and not a stranger. Following those decisions, the appellate authority confirmed the eviction and dismissed the appeal without examining whether Saligram was also a tenant, or whether the original tenancy was in favour of the partnership firm of which Amar Chand was a partner. The order Of the appellate authority has been confirmed by the High Court by dismissing the tenant s revision in limine. The tenant alongwith Saligram by obtaining leave have preferred this appeal. Since the validity of the deposit made by the tenant under the proviso to sub-section (2)(i) of Section 13 is in question and which in turn depends upon the principle laid down by the High Court in the said two authorities, it is convenient at this stage to have those cases properly analy- sed. In Ram Gopal case the arrears of rent were tendered by Chetan Ram, the tenant, his son Ram Bhagat alongwith Banarsi Das and Dhani Ram who were said to be the strangers. The landlord refused to accept that amount on the ground that the tenant was Chetan Ram alone and as the amount was ten- dered by persons ot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on of tenant could tender the rent under the proviso and not a third party or sub-tenant inducted into the premises without consent of the landlord. In the instant case, the appellate authority being bound by those two authorities has rejected the amount tendered by counsel as being invalid. The correctness of that view has been challenged in this appeal. We may begin with the relevant provisions of the Act. The Act provides inter-alia to restrict the increase of rent of certain premises situated within the limits of urban areas, and the eviction of tenants therefrom. Section 13 sets out the grounds for eviction and prohibits eviction of tenants except in accordance with the provisions contained therein. Sub-section (2) provides that a landlord who seeks to evict his tenant shall apply to the Controller for a direction in that behalf. Clause (i) to (v) set out the grounds of eviction. Clause (i) nonpayment of rent; clause (ii) sub-letting without the consent of the landlord or misusing the building for a purpose other than that for which it was leased; clause (iii) committing such acts as are likely to impair materially the value or utility of the building or rented land; c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... truction or strict construction based on the word tenant defined under section 2(h)(i) of the Act. He urged that the word tenant referred to in the proviso must carry the same meaning as given to it under the definition and tenant as defined thereunder is alone entitled to avail of the benefit of the proviso and no others. We recognise that Section 13 sub-section (2)(i) proviso refers to the tenant and his obligation to pay or tender the arrears of rent, interest and costs if he wants to save himself from eviction. We also recognise that under section 2(h)(i) the word tenant is defined to mean any person by whom or on whose account rent is payable for a building or rented land and includes a tenant continuing in possession after the termination of the tenancy in his favour but does not include a person placed in occupation of a building or rented land by its tenant unless with the consent in writing of the landlord ..... But the law in the Court s keeping is just not a system of logical abstraction. Nor it is a bucket of ready made answers determined by any general formula or principle in advance. In a famous passage Mr. Justice Holmes said: All rights tend to de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Act by Section _(9) defines an insurer as a person carrying on the business of insurance . The question arose whether sections 33(1) and 2-D did not apply to an insurer who had closed his business completely as the definition of the word insurer in section 2(9) postulates actual carrying on of the business. It was pointed out that in the context of sections 33(1) and 2-D and taking into account the policy of the Act and the pur- poses for which the control was imposed on insurers, the word Insurer in the said sections also refers to insurers who were carrying on the business of insurance but have closed it. Great artistry on the Bench as elsewhere is, therefore, needed before we accept, reject or modify any theory or principle. Law as creative response should be so interpreted to meet the different fact situations corning before the court. For, Acts of Parliament were not drafted with divine prescience and perfect clarity. It is not possible for the legislators to foresee the manifold sets of facts and con- troversies which may arise while giving effect to a particu- lar provision. Indeed, the legislators do not deal with the specific controversies. When conflicting intere ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be given the benefit of the proviso. This submission or the interpretation suggested by counsel does not provide a square answer for all problems coming before the court. If there are proceedings for eviction with persons claiming tenancy along with the undisputed tenant or to his exclu- sion, the acceptance of that submission may lead to arbi- trary and unjust result. Take for instance, the landlord brings an action for eviction on default against A and B where A is recognised as the tenant, but not B. B however claims that he shares the tenancy with A and joins A in tendering the arrears on the first date of hearing of the case. A also does not dispute that claim. But if the conten- tion of the landlord that the tenant as defined under the Act is alone entitled to tender the amount is accepted, the court could make an order of eviction by discarding the deposit. That would be repugnant to our notions of justice. Take another hypothetical case whose occurrence is more probable and which often arises for decision. The landlord brings an action for eviction against A on the ground of default and also on sub-letting to B. But B denies sub- letting and contends that he was inducted ..... X X X X Extracts X X X X X X X X Extracts X X X X
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