RAM NIWAS Vs. UNION OF INDIA AND ANOTHER

JUDGEMENT

(1.) THE sole question in this petition for revision is whether the building, which has been rented out for the Post Office, ceases to be a non -residential building because in one of its rooms the Post Master lives with his family.

(2.) THE landlord claimed eviction of the Union of India from the Post Office premises on the ground that the building was a residential building and that he needed it for his personal occupation. This contention had been negatived by the Rent Controller as well as by the Appellate Authority on the ground that the Post Office was located in this building and the work of Post Office was carried on for all the 24 hours of the day, in as much as there are telephone and telegraph facilities available to the general public. The landlord, who is dissatisfied with this decision, has come up in revision to this Court.

(3.) IT will appear from this definition that a non -residential building is one which is used solely for the purposes of business or trade. The statement of the Post Master is clear that he has to remain in the building 24 hours in order to receive telegrams and to attend to the telephone. No cross -examination was directed, when he appeared in the witness box, as to how he can go on working for 24 hours without any relief. Therefore, it is idle to suggest that the presence of the Post Master in the building for 24 hours is not possible. The fact that these facilities could only be available to the general public if some one was to live in the building led the rent Controller as well as the appellate Authority to the conclusion that the building was a non -residential building. The mere fact that the Post Master lives in the building, will not take it out of the category of a non -residential building because his living in the building does not alter the nature of the premises which are non -residential premises. The Post Office has to perform various functions, i.e. to receive and distribute mail, to receive and distribute telegrams, and to receive and send cut telephone calls, and for this the presence of a human agency is essential and the agency is the Post Master. He is an integral part of the business and cannot be separated from the Post Office business. Therefore, it is idle to suggest that the living of the Post Master alongwith his family converts that building into a residential building. The entire family of the Post Master is living in one room. Therefore, whether the Post Master lives just by himself or alongwith his family, is of no consequence. Even if he is to live alone, he has to have a room and if his family lives with him, I this will not alter the position.