SITABAI Vs. KAMLABAI

JUDGEMENT

(1.) THIS is a revision under Section 23-E of the M. P. Accommodation Control Act, 1961 (Act for short) challenging the order of Rent Controlling Authority (R. C. A. for short) dated 12-12-2002 in case No. A-90 (7) 43/01 (Smt. Kamla Bai v. Sita Bai and 2 others) in which petitioners are ordered to vacate the disputed 3 rooms with an otla in front. Ground taken had been bonafide requirement for non-residential purpose of Ku. Alka Shukla (AW-2) a major daughter of the non-applicant, widow (landlady) falling within the definition of special category of landlords as defined under Section 23-J of the Act.

(2.) THE learned Advocate for petitioners has argued that admittedly the disputed rooms were let out for residential purpose and without express consent of the non-applicant (landlady) the same were used wholly or partly for non-residential purpose and thus as an effect of explanation to Section 23-A (a) of the Act the disputed shops could be got vacated only for residential need of the non-applicant and not for non-residential need. B. The non-applicant had not proved that she is an owner of the disputed rooms and without such proof she was not entitled for eviction under either Clause (a) or (b) of Section 23-A of the Act. Sheela v. Firm Prahland Rai Prem Prakash, 2002 (2) M. P. H. T. 232 (SC) = AIR 2002 SC 1264 has been cited in support. C. The non-applicant after decision from the Supreme Court had obtained vacant possession of some rooms which she had not disclosed and has not shown in what way the same are not sufficient to satisfy the need of the non-applicant and thus, absence of alternative accommodation has not been established.

(3.) POINT A-- Explanation to Section 23-A of the Act was only inclusive and enabling. Here as per pleadings the petitioners-tenants had themselves changed the user of the disputed rooms and the non-applicant or her predecessor had continued to take rent for the same it could not be said that the" petitioners-tenants had changed such user without knowledge or consent of the non-applicant nor could they be allowed to take benefit of their own wrong in changing the user in breach of conditions of tenancy agreement. Total object of the provision has been merely that even if the tenant changes the user of the accommodation without consent of the landlord from residential to non-residential purpose the landlord can still claim possession thereof for his residential requirement and is not required to prove his need for non-residential purpose. As per written statement of the petitioners themselves, the disputed room were being used for composite purpose of both residence and non-residence. No water tight division between residential or non-residential accommodations had been created under Section 23-A of the Act. In such a situation the eviction of the petitioners for non-residential requirement of major daughter of the non-applicant could not have been said to be erroneous.