GST Help   Subscription   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
GST - Acts SGST - Acts GST - FAQ GST Rates, Exemption CGST Notif. IGST Notif. Exempt Income Salary income
Extracts
Home List
← Previous Next →

1962 (1) TMI 71 - Supreme Court Of India

1962 (1) TMI 71 - Supreme Court Of India - 1963 AIR 499, 1962 (2) Suppl. SCR 623 - C.A. 646 OF 1961 - Dated:- 17-1-1962 - Das S.K., Hidayatullah, M.Shah, JJ. Gopal Singh, for the appellates. Bishan Narain and Naunit lal, for the respondent JUDGMENT: Hidayatullah M., This is an appeal by special leave against an order of the High Court of Punjab at Chandigarh, dated April 7, 1961. The appellants are five tenants, who have been evicted from certain shops and chobaras in the town of Patiala, on the .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ures. The landlord averred that he had obtained sanction of the Municipal Committee to a proposed plan of construction, and accumulated some building material before making the application. The tenants resisted the application. The Rent Controller framed issues relating to the three grounds; but the first two have ceased to be material now. On the issue relating to the third ground, the Rent Controller held that in deciding whether the tenants should be ordered to hand over possession to the lan .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ibility of a better yield by way of rent, all entered into the appraisal of the landlord s state of mind. Examining the case from this angle, the Rent Controller held that there was hardly any proof that the building was in a dilapidated condition. One solitary witness who testified to this, admitted that he had not seen the building from the inside. The landlord himself did not give evidence. On the other hand, there was ample evidence that the building was good. As regards the financial status .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

emises. The Rent Controller did not feel impressed by the alleged purchase of 40 bags of cement, because a greater part of the cement was used up already in building two or three latrines, and the quantity left was wholly insufficient for the proposed building. He, therefore, decided the issue against the landlord. On appeal, these findings were confirmed by the appellate authority, who held that the shops and chobaras were in good condition, and that the landlord was not, in good faith, wanting .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

Bench of that Court (Civil Revision No. 223 of 1960), in which Gosain, J., laid down the law in the following words: "It is pertinent to note that the word building in the aforesaid clause is not qualified by the words requiring reconstruction or requiring rebuilding .The landlord can, in these circumstances, require any building for the re-erection of the same, and when in any case a claim to that effect is made by him the only point that has to be determined is whether on the facts and c .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

tructures around it." After quoting this passage, the learned Judge observed that the consideration which must weigh in determining the question of ejectment is whether the landlord genuinely wants to rebuild the premises, and further, that the actual condition of the premises is "a wholly irrelevant factor". In dealing with the merits of the case, the learned Judge referred to the offer of the landlord to put back the tenants in possession, if the premises were not demolished wit .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

rst is that the revision application is incompetent, because under s.16(4) of the Patiala and East Punjab States Union Urban Rent Restriction ordinance, the decision of the appellate authority and subject only to such decision, an order of the Controller shall be final and shall not be liable to be called in question in any court of law whether in a suit or other proceeding by way of appeal or revision". It is contended that s.15(5) of the East Punjab Urban Rent Restriction Act, which confe .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

this court reported in Moti Ram v. Suraj Bhan (1), where it was held that a revision application in analogous circumstances was maintainable. In our opinion, even if a revision application lay, the learned single Judge was in error in his interpretation of the relevant sections of the ordinance, and in reversing a concurrent finding of fact, without giving any substantial reasons. Section 13 of the ordinance, omitting portions which are irrelevant here, reads as follows: "13. (1) Notwithst .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

i)in the case of any building, if he requires it for the re-erection of that building or for its replacement by another building, or for the erection of other building; X X X (b) The Controller shall, if he is satisfied that the claim of the landlord is bonafide, make an order directing the tenant to put the landlord in possession of the building or rented land on such date as may be specified by the Controller, and if the Controller is not so satisfied, he shall make an order rejecting the appl .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

hese provisions as a whole, it is obvious that if the landlord s need be genuine and he satisfies the Controller, he can obtain possession of the building or the land, as the case may be. If, however, he does not re-erect the building and puts it to any other use or lets it out to another tenant, the former tenant can apply to be put back in possession. Clause (b) clearly shows both affirmatively and negatively that the landlord must satisfy the Controller about his claim, before he can obtain a .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

d comes forward, and says that he entertains a particular intention, however strongly, said to be entertained by him. The clause speaks not of the bona fides of the landlord, but says, on the other hand, that the claim of the landlord that he requires the building for reconstruction and re-erection must be bona fide, that is to say. honest in the circumstances. It is impossible, therefore, to hold that the investigation by the Controller should be confined only to the existance of an intention t .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

Acts would be defeated, if the landlords were to come forward and to get tenants turned out, on the bare plea that they want to reconstruct the houses, without first establishing that the plea is bona fide with regard to all the circumstances, viz., that the houses need reconstruction or that they have the means to reconstruct them, etc. The two Tribunals below had gone into the matter thoroughly, and had agreed that the landlord had neither the means to reconstruct the building nor had he made .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 



|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version