K JANAKIRAMAN Vs. HAJEE ABDUL SATTAR

JUDGEMENT

(1.) This is a tenant’s revision petition challenging the concurrent findings of both the Rent Control authorities that the premises in occupation of the tenant are bona fide required by the landlord for the immediate purpose of demolishing it and that the landlords want to erect a new building on the site of the old building. The petitioner is one of the three tenants who are in occupation of a portion of the premises which have been purchased by the landlords in 1979. The premises are undoubtedly used for non-residential purposes but the landlords who are father and son want to construct residential premises at the site of the present building. They have already got a plan sanctioned from the Corporation on 1st April, 1981. It is not in dispute that they are will-to-do people and are possessed of necessary amount of Rs.1,50,000 required for demolition and reconstruction. The stand taken by the tenant petitioner was that the building is quite strong and it does not need to be demolished. The rent control proceedings, according to the tenant, were the result of the tenant not agreeing to pay a higher rent. The Rent Controller on a consideration of the evidence found that the building itself is more than 70 years old and that the landlords whose annual turnover of their business is more than Rs.50 lakhs bona fide wanted the premises to be demolished and a new building put up for residential purposes, and even the planning permit valid upto 31st March, 1984 had been obtained by the landlords. Having found that the requirement of the landlord was bona fide, an order of eviction was made against the tenant.

(2.) In an extensive and exhaustive order considering the contentions raised by the tenant in the appeal filed by him, the appellate authority confirmed these findings. These findings are now challenged by the tenant. Relying on the decision of the Supreme Court in Metalware and Company v. Bansilal, (1980)1 M.L.J. (S.C.) 1: (1979)2 S.C.J.377: (1979)3 S.C.C.398: (1979)2 R.C.J.452: A.I.R.1979 S.C.1559: 92 L.W. (S.C.) 32 (S.N.) in which the Supreme Court has held that the existing condition of the building is a vital factor while considering the bona fide requirement of the landlord and that the age and the question whether the construction is a recent reconstruction or an old one and whether it is in good and sound condition or it has become decrepit or dilapidated are all relevant factors forming part of all the circumstances that have to be considered while determining the bona fide requirement of the landlord, the learned counsel for the tenant has contended in this case that the landlord has not come to court with a plea that the building is old and needs demolition and, therefore, the landlord’s petition should have been rejected. But, the facts of the case before the Supreme Court would show that the landlord in that case had positively come to Court with a case that the building is very old and dilapidated and required immediate demolition and reconstruction. Admittedly in the instant case dilapidated condition of the building is not a ground on which the landlords have asked for eviction of the tenant. They have come to court with a very clear case that in the place of non-residential building they want to construct residential premises for themselves and that they have purchased the property explicitly with such an intention. It is not the case of the tenant that this claim of the landlords that they want to construct a building for their residential use is merely a device to evict the tenant. As has been found by both the authorities, the landlords are possessed of sufficient means, they have already taken steps for the demolition and the construction of a new building inasmuch as they have got a plan sanctioned and have also got a planning permit. On these facts, it is difficult to see how the landlords will not be entitled to the benefit of section 14(l)(b) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960.

(3.) Section 14(l)(b) provides that notwithstanding anything contained in the Act, but subject to the provisions of Sections 12 and 13, on an application made by a landlord, the Controller shall, if he is satisfied that the building is bona fide required by the landlord for the immediate purpose of demolishing it and such demolition is to be made for the purpose of erecting a new building on the site of the building sought to be demolished, pass an order directing the tenant to deliver possession of the building to the landlord before a specified date. Undoubtedly a building being dilapidated and decrepit could be one of the grounds on which the landlord could seek eviction of the tenant under section 14(l)(b) of the Act. But such a case is not exhaustive of the applicability of section 14(l)(b). There could be a case where a landlord may purchase a small structure with open land which is occupied by a tenant with the express intention of putting up his own residential building and the mere fact that the building already existing is neither dilapidated nor unsound would be (sic) no ground for rejecting the claim of the landlord if he otherwise satisfied the Rent Control Authority about the bona fide requirement.