MANAGER CANARA BANK Vs. MANORANJITHAM

JUDGEMENT

(1.) THESE civil revision petitions are directed against the judgment in M. A. Nos. 10 and 11 of 1986 on the file of Appellate Authority under rent Control Act, Pondicherry.

(2.) THE respondent in these petitions is the same person viz. , Manoranjitham Ammal. She filed R. C. O. P. Nos. 5 and 6 of 1985 on the file of Rent Controller, Pondicherry, under Sec. 14 (1) (a) and (b) of the Pondicherry Buildings (Lease and Rent Control) Act, 1969 for eviction against these petitioners respectively. THE allegations in the petition in H. R. C. O. P. No. 5 of 1985 are as follows: She is landlady of the demised premise. THE respondent is occupying the ground floor as a tenant on a monthly rent of Rs. 1 ,500. THE petitioner constructed a residential building on the third floor of the demised building and occupied it on 17. 8. 1984. She was constrained to make a major substantial, material, structural alterations of the demised building by demolition of the demised building to increase its value and utility and convenience of both the petitioner and the tenant. She had drawn plans to put up a lift on the northern side of the demised building which will occupy a space of 2m x 2m x 18m. Consequently she is forced to demolish a portion of of 2m x 2m x 18m on the northern side to provide entrance gate for the lift. THE petitioner wants to make major, substantial, material, structural alteration in the building to facilitate the lift machinery to function on the northern side of the demised building. She is providing mmosaic "flooring in all the floors. Consequently, she is raising the floor level by two inches. THE pipeline have to be removed and water closets and wash basins and urinals have to be demolished and have to be reconstructed on the eastern side. She intends to construct an additional bathroom for the ground floor, first floor and second floor. She is also going to construct a dining room for the first, second floors. She is also going to demolish and remove all existing windows and alter them as sliding windows. She also intends to provide collapsible gates at the entrance gates in all the floors. THEse alterations amount to demolition under Sec. l4 (l) (b)of Pondicherry Buildings (Lease and Rent Control)Act. It does not fall under definition of'repairs' under Sec. 2 (9) of the said Act. She has given the necessary undertaking. In case, the court deems that the above alterations do not amount to demolition of the building, it may deem it as 'repair'and permit the petitioner to do the work as 'repair'under Sec. 14 (1) (a) of the said Act. She gives the necessary undertaking for that also. She is having the necessary finance and hence the petition.

(3.) I have carefully considered the submission made by the learned counsel. I shall refer to the parties as they were arrayed before the rent Controller. To consider the first submission made by Mr. M. Balachandar that the present case will not fall either under Sec. 14 (1) (a)or 14 (1) (b) of Pondicherry Buildings (Lease and Rent control) Act, 1969 (which I shall hereafter refer to as'the Act' ). Sec. 14 (1) (a)and (b) extraction and they read as follows "14 (1) Notwithstanding anything contained in this Act, but subject to the provisions of Secs. 12 and 13, on an application made by a landlord the controller shall, if he is satisfied. (a) that the building is bona fide required by the landlord for carrying out repairs which cannot be carried out without the building being vacated, o r (b) that the building is bona fide required by the landlord for the immediate purpose of demolishing it such demolition is to be made for the purpose of erecting a new building on the side of the building sought to be demolished, pass an order directing the tenant the deliver possession of the building to the landlord before a specified date". To make the picture complete, the definition of 'repairs' as given in Sec. 2 (9)of the Act also need extraction and it reads as follows: " (9)'repairs' means the restoration of a building to a sound or good state after decay or injury but does not include additions, improvements or alterations except in so far as they are necessary to carry out such restoration. "