RAM SARUP Vs. DIN DAYAL

JUDGEMENT

(1.) In this revision petition, i.e., Civil Revision No. 2269 of 1992 and in Civil Revision No. 2216 of 1987 and 2456 of 1989, the question which is required to be decided is that in cases, where the landlord gets the premises vacated from the tenant on the ground of building having become unfit and unsafe for human habitation, and on reconstruction of the building, whether the tenant is entitled to be reinducted as a tenant in the newly constructed -building and if so, on what terms and conditions. Sub-sec. (3)(a)(iii) of S. 13 of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to is 'the Punjab Act') gives a right to the landlord to seek eviction of the tenant, which reads as under :-

(2.) A learned single Judge (V. K.. Jhanji, J.) before whom Civil Revision No. 2269 of 1992 etc. were placed for hearing, noticed the two decisions of the Supreme Court - in Wazir Chand v. Swarankar Sabha, 1990 H RR 200 and Shadi Singh v. Rakha, 1992 (2) 102 Pun LR 163 --- and observed that the decision of the Apex Court in Shadi Singh's case runs contrary to the decision in Wazir Chand's case. Jhanji, J. further noted that both the decisions have been rendered by Benches of two Judges. He, therefore, thought it proper to refer the question to a larger Bench.

(3.) Sections13(3) (a) (i), (ia), (ii, (iii), (iv) and 13(4) of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as 'the Punjab Act') and Ss. 1(3), 13(3)(a)(i). (ii), (v), (b), (c) and 13(6) of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (hereinafter referred to as the Haryana Act') are reproduced below for the purpose of ready reference : "Section 13, Eviction of Tenants : (Punjab Act) (3)(a) A landlord may apply to the Controller for an order directing the tenant to put the landlord in possession :- (i) in the case of a residential building if -(a) he requires it for his own occupation; (b) he is not occupying any other residential building in the urban area concerned; (c) he has not vacated such a building without sufficient cause after the commencement of this Act, in the said urban area; and (d) it was let to the tenant for use as a residence by reason of his being in the service or employment of the landlord, and the tenant has ceased, whether before or after the commencement of this Act, to be in service or employment : Provided that where the tenant is a workman who has been discharged or dismissed by the landlord from his service or employment in contravention of the provisions of the Industrial Disputes Act, 1947, he shall not be liable to be evicted until the competent authority under that Act confirms the order of discharge or dismissal made against him by the landlord :(ia) in the case of a residential building, if the landlord is a member of the armed forces of the Union of India, requires it for the occupation of family and if he produces a certificate of the prescribed authority, referred to in S.7 of the Indian Soldiers (Litigation) Act, 1925, that he is serving under special conditions within the meaning of S. 3 of that Act, (Inserted by Punjab Act No. 6 of 1966) : (ii) in the case of rented land (the words "non-residential building or" omitted by Punjab Act No. 29 of 1956) if :-7a) he requires it for his own use;(b) he is not occupying in the urban area concerned for the purpose of his business any other such rented land. (The words "building or" and " as the case may be" omitted by Punjab Act No. 29 of 1956); and (c) he has not vacated such rented land (the word "building or" omitted by Punjab Act No. 29 of 1956) without sufficient cause after the commencement of this Act, in the urban area concerned; (iii) in the case of any building or rented land, if he requires it to carry out any building work at the instance of the Government or local authority or any Improvement Trust under some improvement or development scheme or if it has become unsafe or unfit for human habitation ; (iv) in the case of any residential building : if he requires it for use as an office or consulting room by his son who intends to start practice as a lawyer or as a registered practitioner within the meaning of that expression as used in the Punjab Medical Registration Act, 1916, or for the residence of his son who is married if _(a) his son as aforesaid is not occupying in the urban area concerned any other building for use as office, consulting room or residence, as the case may be; and (b) his son as aforesaid has not vacated such a building without sufficient cause after the commencement of this Act, in the urban area concerned.13(4). Where a landlord who has obtained possession of a building or rented land in pursuance of an order under sub-paragraph (i) of sub-paragraph (ii) of paragraph (a) of sub-sec. (3) does not himself occupy it or if possession was obtained by him for his family in pursuance of an order sub-paragraph (i-a) of paragraph (a) of sub-sec. (3), his family does not occupy the residential building or, if possession was obtained by him on behalf of his son in pursuance of an order paragraph (a) sub-paragraph (iv) of sub-sec.(3), his son does not occupy it for purpose of which possession was obtained for a continuous period of twelve months from the date of obtaining possession or where a landlord who has obtained possession of a building under sub-paragraph (iii) of the aforesaid paragraph (a) puts that building to any use or lets it out to any tenant other than the tenant evicted from it, the tenant who has been evicted may apply to the Controller for an order directing that he shall be restored to possession of such building or rented land and the Controller shall made an order accordingly. 13 Eviction of tenants : (Haryana Act)(3) A landlord may apply to the Controller for an order directing the tenant to put the landlord in possession :(a) in the case of a residential building, if, :-(i) he requires it for his own occupation, is not occupying another residential building in the urban area concerned and has not vacated such building without sufficient cause after the commencement of the 1949 Act in the said urban area; (ii) he requires it for use as an office or consulting room by his son who intends to start practice as a lawyer, qualified architect or chartered accountant or as a "registered practitioner" within the meaning of that expression used in the Punjab Medical Registration Act, 1916, the Punjab Ayurvedic and Unani Practitioners Act, 1963, or the Punjab Homeopathic Practitioners Act, 1965, or for the residence of his son who is married :Provided that such son is not occupying in the urban area concerned any other building for use as office, consulting room or residence, as the case may be, and has not vacated it without sufficient cause after the commencement of the 1949 Act; (v) he is a member of the armed forces of the Union of India and requires it for the occupation of his family and produces a certificate from the prescribed authority referred to in S.7 of the Indian Soldiers ( Litigation) Act, 1925, that he is serving under special conditions within the meaning of S. 3 of that Act .Explanation :--- For the purposes of this sub-clause "family" means such relations of the landlord as ordinarily live with him and are dependent upon him; (b) in the case of rented land, if he requires it for his own use, is not occupying in the urban area concerned for the purpose of his business any other rented land and has not vacated such rented land and without sufficient cause after the commencement of the 1949 Act;(c) in the case of any building or rented land, if he requires it to carry out any building work at the instance of the State Government or local authority or any improvement trust under some improvement or development scheme or if it has become unsafe or unfit for human habitation;(6) Where a landlord, who has obtained possession of a building or rented land in pursuance of an order under sub-clause (i) of clause (a) or clause (b) of sub-sec.(3), does not himself occupy it or if possession was obtained under sub-clause (v) of clause (a) or sub-sec. (3), his family does not occupy the residential building, or if possession was obtained by him on behalf of his son in pursuance of an order under sub-clause (ii) of clause (a) of sub-sec.(3), his son does not occupy it for the purpose for which possession was obtained, for a continuous period of twelve months from the date of obtaining possession or where a landlord who has obtained possession of a building under clause (c) of sub-sec. (3) puts that building to any use or lets it out to any tenant other than the tenant evicted from it, the tenant who has been evicted may apply to the Controller for an order directing that the possession of such building or rented land shall be restored to him and the Controller shall make an order accordingly. "