NETA RAM Vs. JIWAN LAL

JUDGEMENT

(1.) This is an appeal by special leave against an order of the High Court of Punjab at Chandigarh, dated April 7, 1961.

(2.) The appellants are five tenants, who have been evicted from certain shops and chobaras in the town of Patiala, on the application of the first respondent the landlord. The application by the landlord was made in June, 1957, under S.13 of the Patiala and East Punjab States Union Urban Rent Restriction Ordinance, 2006 BK (No. VIII of 2006 BK). The grounds urged by the landlord were (a) non-payment of rent by the tenants, (b) non-payment of house tax by the tenants and (c) that the shops were in a state of great disrepair and were dilapidated, and the landlord wished to rebuild them after dismantling the structures. 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.

(3.) 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 landlord the Courts must have regard to the bona fides of the request of the landlord, which meant that the desire to rebuild the premises should be honestly held by the landlord. but that the condition of the building also played an important part in determining whether the landlord had the intention genuinely and was not using this excuse as a device to get rid of the tenants. In this connection, the Rent Controller observed that the state of the building the means of the landlord, and the possibility 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 of the landlord the witnesses who stated on his behalf that he could send Rs. 5,000 to Rs. 10,000 knew nothing about his means. Even the landlord's brother, who conducted this case on behalf of the landlord, could not give any details. The plan showed a building requiring about Rs.20,000 to build. The landlord had an income of Rs.200/- per month and his family consisted of his wife and five children. The Rent Controller, therefore, held that he had no means to rebuild the premises. 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.