YAMUNABAI ANANDRAO BASTE Vs. SAKHARAM SUKHAJI JADHAV

JUDGEMENT

(1.) THE question in this petition under Article 227 of the Constitution of India, is, whether the sale by a landlord of the premises, possession of which was recovered in pursuance of a decree under Section 13(1)(g) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 -hereinafter referred to as the Act -constitutes 'reletting' of the premises within the meaning of Section 17(1) of the Act.

(2.) THE respondent No. 2 Basantibai who was the plaintiff in Regular Civil Suit No. 239 of 1971 obtained a decree for eviction against the respondent No. 1 on the ground that she needed the premises 'reasonably and bonafide' for occupation by herself. She recovered possession of the premises in pursuance of the decree on March 19, 1975. But, on September 9, 1975, within six months of the recovery of possession, Basantibai sold the premises to the petitioner. The respondent No. 1, the tenant, applied for possession under Section 17(1) of the Act on the ground that the landlord, by selling the premises, has 'relet' them within one year from the date of recovery of possession. Sub -section (1) of Section 17 of the Act does entitle a tenant to recover possession from the landlord and any person who may be in occupation, if the landlord 'relets' the premises in the circumstances stated in that section Sub -section(1) of Section 17 of the Bombay Rent Act.

(3.) THE general rule is that the landlord is not entitled to recover possession of any premises from a tenant as long as the latter pays or is ready and willing to pay standard rent and permitted increases and performs the terms of tenancy Section 12 of the Bombay Rent Act. However, a landlord is entitled to recover possession on certain grounds set out in Sub -section (1) of Section 13 of the Act which include the ground that the landlord 'reasonably and bona fide requires the premises for occupation by himself or by any person for whose benefit the premises are held.' If the landlord exercises his right to recover possession under Section 13(1)(g) of the Act, it follows that he must use it for the purpose for which the possession was recovered. In order to ensure that this is done, the Legislature stepped in to lay down that the landlord shall occupy the premises within one month from the date of its recovery Sub -section (1) of Section 17 of the Bombay Rent Act. In order that the landlord does not misuse the right under Section 13(1)(g), Sub -section (1) of Section 17 stipulates that the landlord shall not relet the premises within, one year Sub -section (1) of Section 17 of the Bombay Rent Act. If the premises are so relet, there is a resultant right in the tenant to recover possession and occupy the premises on the original terms and conditions Sub -section (1) of Section 17 of Bombay Rent Act.