TMI Blog1995 (12) TMI 404X X X X Extracts X X X X X X X X Extracts X X X X ..... the year 1953 the appellant, who was in Government service, became owner of the shop. The appellant retired from service in 1986. According to the appellant he is a Registered Medicines. While he was in service his employer granted him permission in 1976 to practice as Homeopath Physician after office hours. It is the case of the appellant that he intends to start practice as Homeopath Physician and for that purpose he bona fide requires the shop in dispute for his personal use and occupation. The relevant provisions of the Act prior to the amendment were as under : Section 13 - Eviction of Tenants. (3) (a). A landlord may apply to Controller for an order directing the tenant to put the landlord in possession : (ii) in case of a non-residential building or rented land, if (a) he requires it for his own use: (b) he is not occupying in the Urban Area concerned for the purpose of his business any other such building or rented land as the case may be ; and (c) has not vacated such a building or rented land without sufficient cause after the commencement of this Act, in the Urban Area concerned. The amendment was enforced by the notification dated September 24, 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... olly arbitrary and as such is hit by Article 14 of the Constitution. The scope of Article 14 has been authoritatively laid down by this Court in innumerable decisions including, Budhan Choudhary Vs State of Bihar (1956)1 SCR 1045, Ram Krishan Dalmia Vs Justice S.R.Tendolkar (1959 SCR 279), U.P. Electric Power and Supply Company Limited Vs State of U.P. (1969) 1 SCC 817, Mohd. Hanif Quareshi Vs State of Bihar (1959 SCR 629). To be permissible under Article 14 of the Constitution a classification must satisfy two conditions namely (i) that the classification must be founded on an intelligible differential which distinguishes persons or things that are grouped together from others left out the group and (ii) that differentia must have a rational relation to the object sought to be achieved by the Statute in question. The classification may be founded on different basis, but what is necessary is that there must be a nexus between the basis of classification and the object of the Act under consideration. The statement of objects and reasons of the Act is as under:- Statement of Objects and Reasons of the East Punjab Urban Rent Restriction Act, 1949 (Act 3 of 1949).- Under Arti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erty in the Punjab should at least be placed at par with tenants of such property in Delhi and other urban areas covered by the Delhi Ajmer Act. Two reasons have been given for bringing the amendment. It is stated that eviction from non-residential building on the ground of bona fide requirement of the landlord entails a great hardship on such tenants. The second reason giving is that the provision regarding eviction on the ground of personal use has been misused by certain landlords. Support is sought from the fact that in the State of Delhi and other urban areas covered by the Delhi Ajmer Act, there were similar provisions. It would be useful to have a look at the provisions of the Act. Section 2(a) defines building as any building or part of a building let for any purpose whether being actually used for that purpose or not, including any land, godowns, out-houses, or furniture let therewith, but does not include a room in a hotel, hostel or boarding house. Section 2(d) defines non-residential building as a building being used solely for the purpose of business or trade. Residential building under Section 2(g) means any building which is not a non-residential buildin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hether residential or non-residential, as a ground of eviction of the tenant. The classification created by the amendment has no nexus with the object sought to be achieved by the Act. To vacate a premises for the bona fide requirement of the landlord would not cause any hardships to the tenant. Statutory protection to a tenant cannot be extended to such an extent that the landlord is precluded from evicting the tenant for the rest of his life even we he bona fide requires the premises for his personal use and occupation. It is not the tenants but the landlords who are suffering great hardships because of the amendment. A landlord may genuinely like to let out a shop till the time he bona fide needs the same. Visualise a case of a shopkeeper (owner) dying young. There may not be a member in the family to continue the business and the widow may not need the shop for quite some time. She may like to let out the shop till the time her children grow-up and need the premises for their personal use. It would be wholly arbitrary - in a situation like this - to deny her the right to evict the tenant. The amendment has created a situation where a tenant can continue in possession of a non-r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er various circumstances. Usually a landlord lets out the premises when he does not need it for own use. Circumstances may change and a situation may arise when the landlord may require the premises let out by him for his own use. It is just and proper that when the landlord requires the premises bona fide for his own use and occupation, the landlord should be entitled to recover the possession of the premises which continues to be his property in spite of his letting out the same to a tenant. The Legislature in its wisdom did recognise this fact and the Legislature has provided that bona fide requirement of the landlord for his own use will be a legitimate ground under the Act for the eviction of his tenant from any residential premises. This ground is, however, confined to residential premises of commercial premises. A landlord who lets out commercial premises to a tenant under certain circumstances may need bona fide the premises for his own use under changed condition's on some future date should not in fairness be deprived of his right to recover the commercial premises. Bona fide need of the landlord will stand very much on the same footing in regard to either class of pr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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