2009 (9) TMI 1061

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..... City, Jaipur dated 31.07.1993. 3. The respondent-plaintiff filed a suit for eviction against the appellants-defendants and for deposit of arrears of rent. The said suit was decreed by the Trial Court. In appeal the said decree was set aside by the learned Single Judge of the High Court, which order has been set aside by the learned Division Bench by the impugned order. Hence, this appeal by special leave. 4. The facts in brief are that the suit premises admittedly belonged to Sitaram Bhandar Trust (hereinafter for short 'the Trust') and the Trust is the owner of the suit premises. The respondent, claiming that it was authorized by the Trust to do so, alleged that it had let out the premises in dispute to appellant No.2 (defendant .....

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..... . We are required to interpret the word 'landlord' as provided under the Act. 9. In our opinion a purposive, and not literal interpretation has to be given to the definition of 'landlord' in the Act. 10. The natural landlord of a premises is ordinarily the owner. However, an expanded definition has been given in various rent statutes of many States for the reason that sometimes the owner may not himself be in a position to collect the rent and may hence appoint an agent or authorize any person to collect rent on his behalf because he may be abroad or is unable to do so for any other reason. This does not mean that the natural meaning of the word 'landlord', who is the owner of the premises, would disappear and that .....

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..... nd the matter to the Trial Court. Before the Trial Court, the respondent will have liberty to produce any documentary evidence to show that the Trust had authorized it in writing to receive rent and file suit for eviction on behalf of the Trust. The respondent-plaintiff shall also implead the Trust as proforma-defendant before the Trial Court. 13. The Trial Court shall decide the suit uninfluenced by any observations made by us in our order or the observations made by the Division Bench and learned Single Judge of the High Court or the earlier decree of the Trial Court. All contentions are left open to the parties to be urged before the Trial Court. 14. Appeal allowed. No order as to the costs.
Case laws, Decisions, Judgements, Orders .....

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