VITHAL RAO Vs. P JAYALAKSHMAMMA

JUDGEMENT

(1.) The question that arises in this revision application is whether when an order is passed under sub-clause (iv) of clause (a) cf sub-section (3) of section 15 of the Hyderabad Houses (Rent, Eviction and Lease) Control Act, 1954, enjoining upon the tenant to vacate the house as the landlord desires to carry out essential repairs and alterations, any condition such as the providing of alternative accommodation to the tenant during the time the repaiis, alterations, building or re-building are got on by the landlord, or the making of a provision of a permanent malgi of existing dimension: on a fair rent to be fixed by the Court could be tacked on by the Rent Controller. In the instant case, the Rent Controller imposed such conditions while on appeal, the City Small Causes Court, Hyderabad, felt impelled to set aside that order in so far as the conditions are concerned and passed an 'absolute order' of eviction against the tenant, as it calls it. The learned Judge of the Small Causes Court holds : "that the conditions imposed by the learned Rent Controller are clearly ultra vires of his powers and the order to this extent is without jurisdiction."

(2.) A decision of this question would therefore depend upon the construction of the relevant provisions of the Act. Sub-clause (iv) of clause (a) of sub-section (3) of section 15 of the Act may first be read. Sub-section (3), clause (a), is in the following terms :- "3 (a) A landlord may subject to the provisions of clause (d) apply to the Controller for an order directing the tenant to put the landlord in possession of the house." And sub-clause (iv) which is relevant may also be read :

(3.) But this is again subject to the proviso and the relevant one which has a bearing on the facts of the present case is the following :- "Provided further that where a landlord has obtained possession of a house under sub-clause (4) he shall on the completion of the work of repairs, alterations, building, re-building, or making additions, give the tenant the first preference for occupying the house on such terms as may be settled by the Controller."