AJIT KR CHADHA Vs. CHAMAN LAL GHAI

JUDGEMENT

(1.) The tenant of the premises has filed this petition challenging the order of eviction made by the Rent Controller as affirmed by the Rent Control Tribunal. The first respondent is the landlord.

(2.) According to the landlord the tenant had acquired vacant possession of another residence and therefore he is liable to beevicted under Section 14(1 )(h) wherein a tenant could be evicted if he has acquired vacant possession, or been allotted, a residence. It is stated that the wife of the petitioner acquired possession of certain premises under an agreement of sale and therefore the petitioner/tenant being the husband could be evicted under section 14(l)(h) from the premises belonging to the first respondent, which the petitioner has been enjoying as a tenant. The Rent Controller held that the petitioner is in possession of atleast one room under the aforesaid agreement of sale and the sufficiency of the alternative accommodation obtained by the tenant need not be gone into and hence he was liable for eviction. The Rent Control Tribunal, in the appeal filed by the petitioner/tenant went into the evidence in detail and held that the petitioner had acquired vacant possession of a residential premises with several rooms and his possession is not confined to one room alone and that the finding of the Rent Controller regarding the one room was on the hypothesis that because admittedly the petitioner was in possession of one room under the agreement of sale he could be evicted.

(3.) Mr. Ashok Gurnani, learned counsel for the petitioner advanced the following contentions: (i) Under Section 14(l)(h) it is necessary that the tenant should acquire a 'residence' and not some accommodation which could be termed as a residence; (ii) Acquisition of a residence should be based on a legal right and not a possession acquired under an agreement of sale; (iii) Section 53-A of the Transfer of Property Act cannot be availed of by the first respondent/ landlord to contend that the petitioner had acquired a right to own a property under an agreement of sale; (iv) The Rent Controller and the Rent Control Tribunal cannot go into the question of Section 53-A of the Transfer of Property Act; (v) Whether the accommodation available to the tenant is suitable as a residence shall have to be examined. (vi) The observation of the Rent Controller that the petitioner can convert the premises obtained by him into a residence by putting up a kitchen etc. is not sufficient to attract Section 14(l)(h). To attract Section 14(l)(h) the accommodation obtained by the tenant should already be a residence.