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TMI Blog1966 (3) TMI 97X X X X Extracts X X X X X X X X Extracts X X X X ..... e had set aside the order of the First Munsiff, Bangalore, who had directed the eviction of the tenant from the premises in dispute. 2. The appellant before us, Padmanabha Setty, hereinafter referred to as the tenant, was the tenant of a non-residential premises No. 281, Old Tharagupet, Bangalore City. The tenant had installed some machinery in the premises. The respondent, K. P. Papiah Setty, is the landlord. He had purchased the premises for his own use and occupation, namely, for the purpose of shifting his business which he was carrying on in a rented building to the premises in dispute. The landlord filed an application under section 8(3)(a)(ii) of the Act for the eviction of the tenant on the ground that he required the premises in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... revision under section 17 of the Act. 4. The Act was passed to regulate the letting of residential and non-residential houses and to control the rents of such houses and to prevent unreasonable eviction of tenants therefrom in the State of Mysore. The word "tenant" is defined as follows in sub-section (9) of section 2 of the Act : "'tenant' means any person by whom or on whose account rent is payable for a house and includes the surviving spouse or any son or daughter of a deceased tenant who had been living with the tenant in the house as a member of the tenant's family up to the death of the tenant and a person continuing in possession after the termination of the tenancy in his favour, but does not includ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rd on in the absence of any such agreement, by the last day of the month next following that for which the rent is payable; if he has transferred his right under the lease or sublet the entire premises or any portion thereof; or used the premises for the purpose other than that for which they were leased; or if the tenant has committed such acts of waste as are likely to impair materially the value or utility of the house; or if the tenant has without the landlord's consent in writing erected on the house or any portion thereof any permanent structure; or if the tenant or any person residing with the tenant has been guilty of such acts and conduct as amounts to nuisance or annoyance to the adjoining or neighbouring occupiers or has been ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pation of a non-residential building which is owned by or to the possession of which the landlord or such member, as the case may be, is entitled whether under this Act or otherwise." 7. It is not necessary to set out the Explanation or the first proviso but the second proviso is relevant and runs thus : "Provided further that where a landlord has obtained possession of a house for his own use or occupation or for the use or occupation of a member of his family under this clause he shall not be entitled to apply again under this clause - (i)...... (ii) for possession of another non-residential building of his own, for himself or for the same member of his family, in case he has obtained possession of a non-residential bu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is entitled" are wide and do not see any reason why the latter category should be excluded from the express words used which in their ordinary meaning take in that class." "It was argued that a statutory immunity is different from a right to possession. But in my view a statutory immunity is not inconsistent with a right to possession. The statutory immunity itself creates a right in him to continue in possession till he is evicted under the provision of the Act." 9. The Mysore High Court dissented from this decision of the Madras High Court, and the reasoning of Ahmed Ali Khan, J., in S. G. Narayanappa and Bros. v. A. N. Narasimhiah (1962) M. L.J. 760 is as under : "After a careful consideration of the argum ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itions prescribed in section 8(2) of the Act cannot be said, in our view, to be entitled to the possession of the premises of which he is a tenant. No doubt he cannot be evicted till one or more of the conditions prescribed by the section are fulfilled, but it is difficult to equate his right to stay in the premises till he is evicted to an entitlement of the possession of the premises. Section 8(3)(a)(ii) deals with two types of cases; first where the landlord is in occupation of a non-residential building which is owned by him, and secondly, a non-residential building of which he is occupation not as a landlord but otherwise. The object of the Act is to prevent unreasonable evictions of tenants. Can it be said that the Legislature is cons ..... X X X X Extracts X X X X X X X X Extracts X X X X
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