UMED SINGH Vs. ARYA SAMAJ SEWA SADAN

JUDGEMENT

(1.) The appellant, Umed Singh, was inducted as a tenant of the suit premises by one Sewa Ram at a monthly rent of Rs.100/- for residential purposes. One Mohan Lal was also a tenant of a portion of the building. The said Sewa Ram executed a Will in favour of the respondent-society, Arya Samaj Sewa Sadan, on 15th March, 1984. Soon thereafter, on 5th June, 1984, Sewa Ram died.

(2.) On 25th March, 1994, the respondent filed ejectment suit against the appellant herein under Section 13 (3) (a) (i) of the Haryana Urban (Control of Rent) & Eviction Act, 1973 (hereafter referred to as 'the Act') for non-payment of rent from 1st December, 1989 to 31st March, 1994 and also on the ground of bona fide requirement for starting a library in the suit premises. It may be indicated that the respondent-society also filed a suit against the other tenant, Mohan Lal, but the same was dismissed by the Rent Controller on the ground that running of a library could not be equated with the expression "use or occupation by the landlord for purposes of residence". An appeal preferred by the society against Mohan Lal was allowed and the judgment of the trial court was set aside. Ultimately, however, the High Court set aside the judgment of the Appellate Authority and restored the decision of the Rent Controller.

(3.) In the meantime, by its judgment and order dated 31st January, 2000, the Rent Controller decreed the eviction petition filed by the society against Umed Singh on the ground of bona fide requirement and an appeal preferred therefrom by Umed Singh was dismissed by the appellate authority on 24th August, 2000. Umed Singh filed a Revision Petition before the High Court on 7th November, 2000 against the said judgment of the appellate authority dated 24th August, 2000. The said Revision Petition was dismissed by the High Court on 22nd November, 2000. Subsequently, having regard to the decision of the High Court in the case of Mohan Lal, the other tenant, whereby the society's eviction petition had been dismissed, Umed Singh filed a Review Petition before the High Court on 21st December, 2000 relying on the decision in Mohan Lal's case. In view of the High Court's decision in Mohan Lal's case, the order dated 22nd November, 2000 dismissing Umed Singh's Revision Petition was recalled and upon further consideration of the provisions of Section 13 (3) (a) (i) of the Act and its different interpretations by two Division Benches of the expression "for his own use and occupation" as used in the said section, the learned Judge referred the matter to the Chief Justice for the following question to be examined by a larger Bench, namely,