Case: Kartar Singh Vs. Chaman Lal &amp; Others

2. The facts may be succinctly stated. By means of a rent deed dated February 13, 1950 the appellant, who is the owner of the suit premises inducted as a tenant Labha Mal Arora, now deceased who was a practising Advocate. Clauses (2) and (6) of the rent deed were in the followingThat the tenant agrees to use the property for his residence.6. That the tenant shall not assign or sublet the above said property or any part thereof without the written consent of the landlord or utilise the property for any purpose other than that mentioned above.On the same date a letter Ex. D-2 was written by the appellant to the late Labha Mal Aroraper our oral talk regarding your tenancy for my house No. 6/64, I have no objection your having your professional office along with residence there provided it is not inconsistent with the "provisions of Delhi Improvement Trustappears and it has been so found, that Labha Mal Arora who had his office at a different place shifted the same to the suit premises where he was residing with his family. He died in the year 1952. Till 1952 the premises were being used only for residence by his sons and widow. In August l957 Chaman Lal respondent No. 1, who qualified himself as a legal practitioner, started having an office in the premises. It would appear that the other son respondent No. 3 also started practising as a lawyer in the same premises some time later. On 21st November, 1957 the appellant served a notice on the sons and widow of the deceased Labha Mal Arora that it had been learnt that they had constructed a double-storeyed building Naiwala Karol Bagh and that since the suit premises were required bona fide for the personal residence of the appellant they should shift to their house and vacate the rented premises. This was followed by a second notice to the same effect.4. As the possession of the premises was not delivered the appellant instituted a suit for ejectment against the respondents under the Delhi and Ajmer Rent Control Act, 1952 (hereinafter called the old Act). Two grounds were taken for seeking eviction. One was that the respondents had built a large residential house and were liable to be ejected under Section 13 (1) (h) of the old Act. The second was that the premises were required bona fide for personal use. It may be mentioned that the second ground was abandoned in the trial court. The suit was contested by the respondents on the ground that the late Labha Mal Arora had taken the premises on rent for residence as well as for an office for professional purposes and the premises had been used as residence-cum-office. For this reason it was asserted that the construction of a residential house by the respondents did not furnish a ground for eviction.5. During the pendency of the suit the Delhi Rent Control Act, 1958 (hereinafter called the new Act) came into force. Section 14 (1) (h) which was equivalent to Section 13 (1) (h) of the old Act (which?) contained the word suitable which was omitted as it appeared before the word "residence in S. 13 (1) (h): the relevance and significance of this omission will be noticed presently. The trial court relied inter alia on the letter Ext. D-2 and the statement of Chaman Lal respondent according to whom two rooms were used by the late Labha Mal Arora as his office and another one room was being used by his clerk and held that the premises had been let for "residence-cum- business purposes". The argument that the late Labha Mal Arora had only been granting a licence to use the premises for professional purposes and that the licence came to an and on his death was repelled. It was found that the respondents had built a residential house, and since the premises in suit had been let out to their predecessor-in-interest not for residential purpose alone but also for business purposes no eviction could be ordered under the provisions of Section 13 (1) (h) of the old Act or 14 (1) (h) of the new Act. The Additional Senior Sub-Judge dismissed the appeal preferred by the appellant in agreement with the decision of the trial court. The following portion from his judgment relating to the finding with regard to the purpose for which the premises had been let out to the late Labha Mal Arora may beis in evidence that prior to taking the premises in suit on rent from the appellant, Labha Mal deceased, was having his professional office as an advocate in Sadar Bazar, Delhi and on taking the premises in suit on rent he had shifted his office in the suit premises. This fact is fully supported by the Statement of Shri Chaman Lal, respondent No. 1, and the notices Ex. D. W. 9/1 and D. W. 9/2 issued by Shri Labha Mal from the suit premises. Shri Chaman Lal has stated that out of the five rooms of the suit premises, two rooms were used by his deceased father as office. From the above also it is proved that the suit premises were let by the appellant to Shri Labha Mal deceased for residence-cum-businessthe question of the ambit and scope of Section 13 (1) (h) of the old Act the learned Judge expressed the opinion that it would be unreasonable to hold that a tenancy which had been created both for purposes of residence and carrying on of a profession could be successfully terminated merely by showing that the tenant had acquired a suitable residence.6. The appellant approached the High Court on the revisional side. J. S. Bedi J. considered the rent deed Ex. P-3 and the letter Ex. D-2 as also the other evidence and came to the same conclusion at which the courts below had arrived. Reliance was placed on the additional fact that when the suit was instituted the premises were being used by Chaman Lal both for purposes of residence and office.

Reasoning: In our opinion whether Section 13 (1) (h) of the old Act or Section 14 (1) (h) of the new Act is applied the result, as will be presently seen, will be the same in the instantComing to the question whether the suit premises were taken by the late Labha Mal Arora for residence only or residence as well as for use as office for carrying on his professional work of a legal practitioner, it may be observed that the concurrent finding of the court below is that the premises had been taken for residential-cum-business or professional purposes. That finding being one of fact must be accepted asare unable to find that any test of dominant intention was applied in Dr. Gopal Das Vermas case, 1962-2 SCR 678 = (AIR 1963 SC 337 ).g to the question whether the suit premises were taken by the late Labha Mal Arora for residence only or residence as well as for use as office for carrying on his professional work of a legal practitioner, it may be observed that the concurrent finding of the court below is that the premises had been taken for residential-cum-business or professional purposes. That finding being one of fact must be accepted asfinal. It would, therefore, seem that the decision of this Court in Dr. Gopal Dass Verma v. Dr. S. K. Bhardwaj, (1962) 2 SCR 678   at p. 685 = (AIR 1963 SC 337  at p. 340) can be appositely applied. In that case it was held that a tenant could not be ejected under Section 13 (1) (h) because the tenancy of premises let out or used for residence and carrying on of profession could not be terminated merely by showing that the tenant had acquired suitable residence. There the premises had been let out to a doctor who was an ear, nose and throat specialist. It was found that the premises had been used by the tenant for professional as well as residential purposes with the consent of the landlord.The case, therefore fell outside S. 13 (1) (e) but even under S. 13 (1) (h) eviction could not be ordered, this is what was said in thatview of the finding of the courts below that the premises had been let to theof the respondents foror profession, this submission cannot beare unable to find that any test of dominant intention was applied in Dr. Gopal Das Vermas case,SCR 678 = (AIR 1963 SC 337 ).