Case: Neta Ram Vs. Jiwan Lal

for an order directing the tenant to put the landlord in possession* * *(iii) in the case of any building, if he requires it for the re- erection of that building or for its replacement by another building, or for the erection of other buildings;* * *(b) The Controller shall, if he is satisfied that the claim of the landlord is bona fide, make an order directing the tenant to put the landlord in possession of the building or rented land on such date as may be specified by the Controller, and if the Controller is not so satisfied he shall make an order rejecting the application.* * *(4) Where a landlord who has obtained possession of building or rented land in pursuance of an order 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 make an order accordingly............... "8. Reading these provisions as a whole, it is obvious that if the landlords need be genuine and he satisfies the Controller, he can obtain possession of the building or the land, as the case may be. If, however, he does not re-erect the building and puts it to any other use or lets it out to another tenant, the former tenant can apply to be put back in possession. Clause (b) clearly shows both affirmatively and negatively that the landlord must satisfy the Controller about his claim, before he can obtain an order in his favour. The Controller has to be satisfied about the genuineness of the claim. To reach this conclusion, obviously the Controller must be satisfied about the reality of the claim made by the landlord, and this can only be established by looking at all the surrounding circumstances such as the condition of the building, its situation, the possibility of its being put to a more profitable use after construction, the means of the landlord and so on. It is not enough that the landlord comes forward, and says that he entertains a particular intention, however strongly, said to be entertained by him. The clause speaks not of the bona fides of the landlord, but says on the other hand, that the claim of the landlord that he requires the building for reconstruction and re-erection must be bona fide, that is to say, honest in the circumstances. It is impossible, therefore, to hold that the investigation by the Controller should be confined only to the existence of an intention in the mind of the landlord to reconstruct. This intention must be honestly held in relation to the surrounding circumstances. In our opinion, the interpretation placed by the Punjab High Court (in the decision of Gosain, J.) puts too narrow a construction, and leaves very little for the Controller to decide. It is well-known that Rent Restriction Acts were passed in view of the shortage of houses and the high rent which were being demanded by landlords. The very purpose of the Rent Restriction Acts would be defeated if the landlords were to come forward and to get tenants turned out, on the bare plea that they want to reconstruct the houses, without first establishing that the plea is bona fide with regard to all the circumstances, viz., that the houses need reconstruction or that they have the means to reconstruct them etc. The two Tribunals below had gone into the matter thoroughly, and had agreed that the landlord had neither the means to reconstruct the building nor had he made any attempt to face cross-examination as a party. They were also of the opinion that the building was in a good state and did not need to be pulled down or reconstructed. With such clear findings, one would expect that a revising Court, however wide its powers may be, would, at least, go into the question over again, if it was going to depart from this unanimous conclusion. It is hardly necessary to go into the question of the extent of the powers of the High Court under S. 15(5) of the Rent Restriction Act. They have been adverted to in the ruling of this Court, above mentioned. They do not, however, include the power to reverse concurrent findings without shoeing how those findings are erroneous. In the present case, the learned Judge has given his conclusion without adverting to a single piece of evidence, from which his conclusion was drawn. In these circumstances, it cannot be said that he had examined the propriety of the order sought to be revised, even under the provisions of the law he was administering.9. Learned counsel relying upon the case to which we have already referred, said that there the sanction by the Municipal Committee was taken into consideration in deciding the need of the landlord. The facts in that case are not fully stated, and from the observations, it would appear that there was other evidence besides the sanction by the Municipal Committee, on which the conclusion of the High Court was supported. In any event, a case cannot be an authority on a point of fact, and each case will have to be examined in the light of the circumstances existing in it. In the present case, the two Tribunals specially appointed to consider these matters, went thoroughly into the question and discussed it from a correct angle if they bad examined the fact after instructing themselves correctly about the, law, a court of revision should be slow to interfere with the decision thus reached, unless it demonstrates by its own decision, the impropriety of the order which it seeks to revise. No attempt of this kind has been made in the case and in our opinion, High Court was not justified in reversing the clear finding.

Decision (1 = appeal accepted, 0 = rejected): 1

Explanation:
1[ds]8. Reading these provisions as a whole, it is obvious that if the landlords need be genuine and he satisfies the Controller, he can obtain possession of the building or the land, as the case may be. If, however, he does not re-erect the building and puts it to any other use or lets it out to another tenant, the former tenant can apply to be put back in possession. Clause (b) clearly shows both affirmatively and negatively that the landlord must satisfy the Controller about his claim, before he can obtain an order in his favour. The Controller has to be satisfied about the genuineness of the claim. To reach this conclusion, obviously the Controller must be satisfied about the reality of the claim made by the landlord, and this can only be established by looking at all the surrounding circumstances such as the condition of the building, its situation, the possibility of its being put to a more profitable use after construction, the means of the landlord and so on. It is not enough that the landlord comes forward, and says that he entertains a particular intention, however strongly, said to be entertained by him. The clause speaks not of the bona fides of the landlord, but says on the other hand, that the claim of the landlord that he requires the building for reconstruction and re-erection must be bona fide, that is to say, honest in the circumstances. It is impossible, therefore, to hold that the investigation by the Controller should be confined only to the existence of an intention in the mind of the landlord to reconstruct. This intention must be honestly held in relation to the surrounding circumstances. In our opinion, the interpretation placed by the Punjab High Court (in the decision of Gosain, J.) puts too narrow a construction, and leaves very little for the Controller to decide. It is well-known that Rent Restriction Acts were passed in view of the shortage of houses and the high rent which were being demanded by landlords. The very purpose of the Rent Restriction Acts would be defeated if the landlords were to come forward and to get tenants turned out, on the bare plea that they want to reconstruct the houses, without first establishing that the plea is bona fide with regard to all the circumstances, viz., that the houses need reconstruction or that they have the means to reconstruct them etc. The two Tribunals below had gone into the matter thoroughly, and had agreed that the landlord had neither the means to reconstruct the building nor had he made any attempt to face cross-examination as a party. They were also of the opinion that the building was in a good state and did not need to be pulled down or reconstructed. With such clear findings, one would expect that a revising Court, however wide its powers may be, would, at least, go into the question over again, if it was going to depart from this unanimous conclusion. It is hardly necessary to go into the question of the extent of the powers of the High Court under S. 15(5) of the Rent Restriction Act. They have been adverted to in the ruling of this Court, above mentioned. They do not, however, include the power to reverse concurrent findings without shoeing how those findings are erroneous. In the present case, the learned Judge has given his conclusion without adverting to a single piece of evidence, from which his conclusion was drawn. In these circumstances, it cannot be said that he had examined the propriety of the order sought to be revised, even under the provisions of the law he was administering.9. Learned counsel relying upon the case to which we have already referred, said that there the sanction by the Municipal Committee was taken into consideration in deciding the need of the landlord. The facts in that case are not fully stated, and from the observations, it would appear that there was other evidence besides the sanction by the Municipal Committee, on which the conclusion of the High Court was supported. In any event, a case cannot be an authority on a point of fact, and each case will have to be examined in the light of the circumstances existing in it. In the present case, the two Tribunals specially appointed to consider these matters, went thoroughly into the question and discussed it from a correct angle if they bad examined the fact after instructing themselves correctly about the, law, a court of revision should be slow to interfere with the decision thus reached, unless it demonstrates by its own decision, the impropriety of the order which it seeks to revise. No attempt of this kind has been made in the case and in our opinion, High Court was not justified in reversing the clear finding.