B P ACHALA ANAND Vs. S APPI REDDY

JUDGEMENT

(1.) Unusual fact situation posing issues for resolution is an opportunity for innovation. Law, as administered by Courts, transforms into justice. "The definition of justice mentioned in Justinians Corpus Juris Civilis (adopted from the Roman jurist Ulpian) states Justice is constant and perpetual will to render to everyone that to which he is entitled. Similarly, Cicero described justice as the disposition of the human mind to render everyone his due."1The law does not remain static. It does not operate in a vacuum. As social norms and values change, laws too have to be re-interpreted, and recast. Law is really a dynamic instrument fashioned by society for the purposes of achieving harmonious adjustment, human relations by elimination of social tensions and conflicts. Lord Denning once said: "Law does not standstill; it moves continuously. Once this is recognized, then the task of a judge is put on a higher plain. He must consciously seek to mould the law so as to serve the needs of the time."2

(2.) The facts which are either not disputed, or, are, at this stage, beyond the pale of controversy, may briefly be noticed. The appellant Smt. B.P. Achala Anand (hereinafter Smt. Achala for short) was the legally wedded wife of H.S. Anand-respondent No. 2. Their relationship got estranged so much so that in the year 1983 H.S. Anand deserted his wife Smt. Achala. The matrimonial home was a tenanted premises owned by respondent No.1. H.S. Anand left behind his wife with the children in the tenanted premises and walked away to reside in a lodge. In the year 1991, proceedings for dissolution of marriage by decree of divorce seem to have been initiated between the estranged couple. On 3-12-1998 the marriage stood dissolved by a decree of divorce based on mutual consent. That was an unhappy ending so far as the matrimonial relationship is concerned. However, what transpired between the couple has given a complex turn to an otherwise simple landlord-tenant litigation which we are called upon to deal with in this appeal.

(3.) The premises forming part of dispute in the present litigation is situated on the ground floor of a property bearing No. 522, Upper Palace Orchards, Bangalore. H.S. Anand had taken the ground floor of the building on tenancy from the landlord-respondent No.1. The rent of the premises was fixed at Rs. 300/- which was later on revised and enhanced to Rs. 600/- and then to Rs. 700/- (the rate which the Trial Court has found proved on evidence). The ground floor premises consisted of one verandah, one hall, two bedrooms with attached toilet, kitchen, bathroom, another toilet and corridor with overhead water supply and other incidental facilities. The tenant H.S. Anand resided in the premises with his family members including his wife Smt. Achala.