Civil Appeals Nos
493 495 of 1 974 Appeals by special leave from the judgment and order dated the 9th August 1973 of the Madras High Court in Civil Revision Petition Nos
1470 to 1472 of 1973
K section Ramamurthi T N Vallinayagam R N Nath and V Maya Krishnan for the appellant
M Natesan K Jayaram and R Chandrasekhar for the respondent
The Judgment of the Court was delivered by GOSWAMI J
These appeals by special leave are directed against the order of the High Court of Madras in three Civil Revision Petitions under section 25 of the Madras Buildings Lease and Rent Control briefly the Act whereby the High Court refused to interfere A with the orders of the appellate authority under the Act holding that the appellant hereinafter to be described as the landlord has no right to evict the respondents hereinafter to be described as the tenants from the premises in question on the ground of demolition and reconstruction
The tenancy under the landlord is admitted by the tenants there is also no question with regard to validity of the notice of eviction
The only questions in controversy in these appeals are whether the landlord in this case who is the holder of life interest in the property is entitled to evict the tenants under section 141 b of the Act on the ground that the building is bona fide required by the landlord for demolition and for reconstruction
The second question raised in one of the appeals is whether a single petition is maintainable to evict the tenants from two different tenancies one for residential purpose and the other for non residential purpose
The latter point has been held by the High Court in favour of the landlord but the tenants are raising it in seeking to support the earlier order of the appellate authority
The premises are situated at Anna Pinai Street Madras
Originally the premises belonged to late section Manicka Chettyar father of section M Gopalakrislina the present landlord
By virtue of a Deed of Settlement executed by section Manicka Chettyar on May 9 1934 possession of the premises was delivered to his wife Manoranjithammal as trustee and guardian an of his three minor children section M Gopalakrishna then aged 13 years and his two minor daughters Indrani Ammal and Palani Ammal
We are not concerned with the various directions in the Deed of Settlement except to note the admitted position that Manoranjithammal was allowed to enjoy the rents and profits of the property for her life time subject to certain charges mentioned in the Deed
After the life time of the settlor s wife his son section M Gopalakrishna appellant shall enjoy the rents and profits of the said property for his life time subject lo certain charges on account of his two sisters
It is further mentioned in the Deed that after the life time of Gopalakrishna his son and son s heir of any predeceased son living at that time shall enjoy the property subject to identical charges as absolute owners with right of sale gift etc
There are further directions in case of other contingencies with which we are not concerned
We may however note that section M Gopalakrishna is issueless
From the above terms of the Settlement it is contended by the tenants that the landlord has only a life interest in the premises in question and that it is inherent in such a life interest that it is not permissible for the landlord to invoke section 141 b as grounds for eviction of the tenants by demolition of the property for the purpose of reconstruction
It is emphasised that since the interest of the remainder man may be prejudiced the landlord with a life interest in the premises cannot evict the tenants on these grounds
The Rent Controller held that the requirement of the landlords bona fide and ordered for eviction of the tenants
The Court of Small Causes 275 which is the appellate authority allowed the appeals lodged by the tenants against the orders of eviction and set aside the orders of eviction
As noticed earlier the High Court refused to interfere in revision
The High Court agreed with the view of the appellate authority that the landlord had no right to ask for eviction of the respondents on the ground of demolition and reconstruction he admittedly having only a life interest or right to enjoy the property for his life
The appellant sub mits that this view is not legally tenable
Before we proceed to consider the point in controversy we may read section 141b 14
Recovery of possession by landlord for repairs or for reconstruction 1 Notwithstandig anything contained in this Act but subject to the provisions of section 12 and 13 on an application made by a landlord the Controller shall if he is satisfied b that the building is bona fide required by the landlord for the immediate purpose of demolishing it and such demolition is to be made for the purpose of erecting a new building on the site of the building sought to be demolished pass an order directing the tenant to deliver possession of the building to the landlord before a specified date
The expression landlord is defined under section 26 as follows  Landlord  includes the person who is receiving or is entitled to receive the rent of a building whether on his own ac count or on behalf of another or on behalf of himself and others or as an agent trustee executor administrator receiver or guardian or who would so receive the rent or be entitled to receive the rent if the building were let to a tenant
x x x x This inclusive definition o landlord would clearly take in its sweep the present landlord who holds a life interest in the premises and who admittedly has been on his own right under the Deed of Settlement as a trustee receiving rents of the premises from the tenants
We are not even concerned with the question as has been sought to be established in the case by proving that there is no possibility or any objection from the daughters of the settlor or from any other remainder man
It is sufficient to observe that the rights between section M Gopalakrishna and the remainder man with regard to the terms of the Deed of Settlement win have to be worked out in appropriate proceedings if necessary and the general law win govern the matter if any occasion arises
On the other hand the Act with which we are concerned is a self contained and complete code for regulation of the rights between landlord and tenants as defined in the Act See Ms Raval and Co vs K G 276 Ramachandra and others 1
Thus a controversy that may arise between a landlord and others who are not his tenants under the Act is outside the ken of this Act
Even a possible dispute imaginary or real between the landlord and the remainder man cannot affect adjudication of the claim of the landlord against his tenants under the provisions of the Act
It win also not affect the efficacy of the nature of the plea of bona fide on the part of the landlord if otherwise so
Such questions as are raised in this appeal by the tenants are therefore irrelevant in a litigation between the landlord and tenants when a suit for eviction is instituted by the former on any of the grounds available to him under the Act
It is clear that when the objection on the score of the landlord being a holder of life interest and hence incapable of invoking section 14 1 b fails the suit must be decreed
lt was strenuously submitted by Mr Natesan that a tenant with a life interest cannot be allowed to demolish the property in order to reconstruct it as that action would per se be not bona fide
We are unable to accede to this submission
A landlord has every right to demolish his property in order to build a new structure on the site with view to improve his business or to get better returns on his investment
Such a step per se cannot be characterised as mala fide on the part of the landlord
There is therefore
no merit in this contention
Mr Natesan faintly submitted that a single petition with regard to two different tenancies although in the same premises one for residential purpose and the other for non residential purpose is not maintainable
We do not find any substance in such a contention when the tenancy is one
In the result the appeals are allowed and the order of the High Court as well as that of the appellate authority are set aside
The order of the Controller allowing eviction of the tenants stands restored
We win however allow time to the tenants upto 31st January 1976 to vacate the premises on the distinct condition that they shall submit affidavits in this Court undertaking to vacate the premises by the aforesaid date within two weeks from to day
The appellant win be entitled to his costs in these appeals
One set of costs PHP Appeal allowed


Summary:
The appellant landlord is a holder of life interest in the property in question He filed a suit against the tenant for eviction on the grounds of bona fide requirement by him for demolition and reconstruction
The Rent Controller held the requirement of the landlord bona fide and ordered eviction of the tenant
The appellant filed one petition for evicting the tenants in respect of two different tenancies one for residential purpose and the other for non residential purpose
The appellate Authority under the Madras Buildings Lease and Rent Control Act 1960 dismissed the appellant s application for eviction on the ground that a landlord having a life interest cannot seek eviction for bona fide requirement for demolition and reconstruction
The High Court in Revision refused to inter fere with the order of the Appellate Authority under the Act
On appeal by special leave it was contended by the appellant that the land lord having a life interest is entitled to evict the tenant for bona fide requirement for demolition and reconstruction under section 14 of the Act
The respondent contended that granting of the application of the landlord might prejudice the interest of the remainder man  HELD Allowing the appeal 1 Definition of landlord under section 26 is wide enough to include the appellant who holds a life interest in the premises
The right between the appellant and the remainder man with regard to the deed of settlement would have to be worked out in appropriate proceedings The Act in question is a self contained and complete Code for regulation of the rights between the land lord and tenants
Even a possible dispute between the landlord and the remainder man cannot affect adjudication of the claim of the landlord against his tenants under the provisions of the Act
275F 276D 2 A single petition with regard to two tenancies in the same premises is maintainable when the tenancy is one
276D E