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1996 (2) TMI 577 - SUPREME COURT OF INDIA

1996 (2) TMI 577 - SUPREME COURT OF INDIA - 1996 AIR (SC) 3057, 1996 AIR (SCW) 1454, 1996 (2) JT 615, 1996 (2) Scale 431, 1996 (2) SCC 626, 1996 (2) SCR 997 - Civil No. 514 of 1994 - Dated:- 23-2-1996 - Faizan Uddin And Kuldip Singh, JJ. JUDGEMENT Faizan Uddin, J. This is landlords appeal directed against the order dated August 7, 1993 passed by the High Court at Punjab and Haryana at Chandigarh dismissing the appellants Civil Revision No. 618/1993 in limine against the judgment dated November 1 .....

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s with a verandah in front of shops and vacant land at the main gate situated between the shops Nos. 6-S and 7-S. The respondent No. 1, Shivalak Rubber Industries through its proprietor, Dev Raj was inducted as a tenant of Karam Singh in shops Nos. 4-S to 6-S together with 10 ft. vacant land behind the shops with effect from May 1, 1958 on a monthly rent of ₹ 28/-. The respondents Nos. 1-A to 1-F are the partners of respondent No. 1-firm. Later by a rent note dated October 25, 1965 the res .....

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sent appellants as his sons and respondents Nos. 2, 3 and 4 as his daughter. Karam Singh has executed a Deed of Will dated June 28, 1972 in favour of the appellants in respect of the suit premises by virtue of which the appellants became the owner/landlords of the respondents Nos. 1, 1-A to 1-F. The respondents Nos. 2 to 4 are impleaded as pro forma respondents. The appellants initiated eviction proceedings against the respondents Nos. 1, 1-A to 1-F under the East Punjab Rent Restriction Act, 19 .....

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-respondents converted the shops in the shops, store, kothries for residential purpose and office by removing the intervening walls of the shops, removing the doors of the 5 shops, converting verandah in front of the shops into sheds and closed the said verandah from the front and opened the shops on G. T. Road by brick work, it was further pleaded that the tenant-respondents converted shops Nos. 5-S and 6-S with verandah in front of the said shops by masonry work of manufacturing of rubber good .....

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whom it has been sub-let. The full size door of shop No. 3 is alleged to have been removed and a door measuring 3 x 7 ft. has been installed in front of the verandah. Shop No. 4 has been alleged to be merged with the verandah by fitting a door in the verandah in order to make it a godown. The appellants further alleged that the tenant respondents had demolished 17 ft. long and 5 ft. 9 inches high boundary wall existing on the western side of the demised land touching the house/kothi of Shri Cha .....

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othi has also been constructed. A brick staircase has also been constructed from over this kothri as an access from the courtyard of the kothi to the roof of the shed made over the demised land as a direct approach. The open space at the back of the shops let out to the respondents has thus been converted by including the same into the shed with a shed with a pucca roof without the permission of the appellants. It has been alleged that the tenants-respondents have constructed a lintel roof over .....

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the main building impairing its value and utility. It was also the case of the appellants that instead of trading activity in the demised ship the respondents have installed machinery and started industry of manufacturing rubber goods without the written consent of the appellants. The appellants also alleged that the two kothries illegally constructed on shop No. 2 and in the open space have been sub-let to one Jamuna Prasad, respondent No. 5 and other person which afforded additional ground to .....

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uses of action. They also took the plea that the appellants had no locus standi to file the eviction application as they were not the legal heirs of deceased Karam Singh. The respondents denied all the adverse allegations with regard to the alleged alterations and additions in the demised premises. They took the plea that there were two separate tenancies in respect of two separate premises with separate terms and conditions and, therefore, the single application for ejectment from both the prem .....

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only one unit having only one entrance from the road with 10 ft. space at the back. The respondents also denied any sub-letting by pleading that Jamuna Prasad was their Chowkidar who was permitted to occupy the kothri as a Watchman. Regarding the change of user the respondents pleaded that the demised premises were let out of carrying industrial business and it was being used for the same purpose. After recording the evidence and on evaluation of the oral and documentary evidence the Rent Contr .....

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1958 and the second tenancy was also created by late Karam Chand in favour of respondent No. 1 though the respondent No. 1-C in respect of shops Nos. 2-S and 3-S with 10 ft. wide open space beings these shops and that both the tenancies were consolidated. The Rent Controller also took the view that by virtue of the Deed of Will dated June 28, 1972 executed by the former landlord Karam Chand in favour of his two sons, the appellants herein they became the owner and landlord of the disputed proper .....

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ear 1981 the respondents started construction of the stair-case and one room up to the roof level on the vacant land which was let out to the respondents along with shops. The Rent Controller proceeded further to take the view that even if for the sake of arguments it is accepted that the respondents made additions and alterations as alleged in the eviction petition, in his opinion, the same did not materially impair the value and utility of the demised premises and, therefore, respondents are n .....

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ction 13 (2) (iii) of the Act. As regards the subletting the Rent Controller took the view that Jamuna Prasad was a Chowkidar of the respondents who was occupying the khothri as a watchman of the tenanted premises which does not amount to sub-letting. On these finding the Rent Controller dismissed the eviction application. The appeal preferred by the applicants before the appellate authority also met the same fate as the findings of the Rent Controller were affirmed and the appeal was dismissed. .....

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hin the meaning of Section 13(2)(iii) of East Punjab Rent Restriction Act, 1949 (hereinafter as the Act). He submitted that the evidence on record oral and documentary sufficiently established that the tenant-respondents have drastically changed the nature, character and form of the demised premises which has not only impaired materially the value but also impaired the utility thereof. He urged that all the Courts have not considered the material evidence in a right perspective and the statement .....

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acter of the alleged additions and alterations which clearly fall within the provisions of Section 13(2) (iii) of the Act. It may be noticed that the Rent Controller had appointed Ravinder Pal Kaur, AW4, an advocate to make an inspection of the premises in question and submit the report. Accordingly, AW 4 inspected the premises and submitted the report dated October 24, 1981. The premises were inspected in the presence of the appellants and respondent Chander Mani. A reading of the report goes t .....

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asuring about 17 ft. was found covered by roof. A portion of the boundary wall of be disputed property on the western side about 20 ft. in length was found missing. The Commissioner, AW 4, also found that the staircase was constructed for the approach and underneath the said stair-case a kothri was built and one steel and wooden gates were provided in the boundary wall for approach from the shed to the adjoining property belonging to the respondent Chander Muni. The demised property was also ins .....

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remises. He desposed that he had supplied 7-S quintals of steel bars for that purpose. After visiting the spot he proved the said supply from the account books of his shop dated April 5, 1980 and August 27, 1980. He also stated that the roof of the shop was relied with R. B. Slabs with the iron steel bar supplied by him. The evidence of the appellant Gurbachan Singh, AW 16 further established the additions and alterations made by the tenants-respondents in demised premises. Apart from the eviden .....

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erations in the demised premises as alleged by the appellants. It may be pointed out that though the Rent Controller and the appellate authority both have found the additions and alterations having been made by the respondents in the demised premises but according to them the construction was either by the permission of the appellants or the same did not amount to the additions and alterations of such a nature as to impair materially the value or utility of the building and the rented land withi .....

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rmining whether the said additions and alterations materially impaired the value and/or utility of the premises. Section 13(2) (iii) of the Act of which provides a ground for eviction of tenant reads as under:- "13 (2) (iii).- The tenant has committed such acts as are likely to impair materially the value or utility of the building or rented land." A plain reading will go to show that it contemplates that a tenant is liable to eviction who has committed such acts as are likely to impai .....

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been used to mean, considerable decrease in quality which may be measured with reference to the antecedent state of things as it existed earlier in point of time as compared to a later stage after the alleged change is made or affected suggesting impairment. Further the use of the word "value" means intrinsic worth of a thing. In other words utility of an object satisfying, directly or indirectly, the needs or desires of a person. Thus, the ground for eviction of a tenant would be ava .....

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y of the building or rented land has to be judged and determined from the point of view of the landlord and not of the tenant or any one else. This Court while dealing with the provisions of Section 13(2) (iii) of the Act in the cast of Vipin Kumar v. Roshan Lal Anand, JT 1993 (3) SC 171 expressed the view as follows:- "The impairment of the value or utility of the building is from the point of the landlord and not of the tenant. The first limb of clause III of sub-section (2) of Section 13 .....

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al roof and they not only removed the intervening or partition walls of the shops but also removed the doors of the 5 shops and converted them into sheds, store and kothries. They also converted the verandah in front of the shops into sheds by closing it from the front by masonry work. The door of shop No. 2 has been removed altogether and instead a small window with iron grills has been affixed in the front. The full size door of shop No. 3 has also been removed and a door measuring 3 x 7' .....

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of Chander Muni respondent No. 1 A has been demolished so as to facilitate a passage from the Kothi of respondent No. 1 A to the demised premises by fixing one big wooden door and another steel door in place of the demolished boundary wall. A small triangular shaped kothri has all been constructed and a brick stair case has been raised in order to facilitate an access from the courtyard of the kothi of respondent No. 1 A to the roof of the shed made over the demised land as a direct approach. T .....

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the value or utility of the building/premises let out to them. The nature of the construction is relevant consideration in determining the question of material impairment in the value or utility of the building or the demised premises. In the present case the removal of the roof of the shops partition walls and the doors, laying of a roof, merging of the verandah with the shops, closing the doors and opening new doors and windows and converting the premises altogether, giving totally a new and a .....

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