Case: S. Mohan Lal Vs. R. Kondiah

The respondent, an Advocate filed an application before the Rent Controller seeking eviction of the appellant, his tenant, from the premises in question on the ground that he required the premises for the purpose of carrying on his profession as an Advocate. The application was contested by the appellant who was carrying on the business of manufacturing art jewellery in the premises. We are not concerned in this appeal with the several defences which were raised by the appellant. Nor are we concerned with the vicissitudes which the case underwent. For the purposes of this appeal it is sufficient to say that the final Court of fact, namely the Chief Judge of the Court of Small causes, Hyderabad, found that the respondent bona fide required the premises for the purpose of carrying on his profession as an Advocate and that the tenancy w as not such as could be split up. The Appellate authorities passed an order of eviction against the appellant. Before the High Court, in revision, it was contended by the appellant that the practice of the profession of an Advocate was not business within the meaning of Section 10(3) (a) (iii) and, therefore, the respondent could not seek the eviction of the appellant on the ground that he required the premises for the purpose of carrying on his profession as an Advocate. It was cont ended that Section 10(3) (a) (iii) used the expression business only and not the expression profession. The contention was negatived by a Division Bench of the High Court of Andhra Pradesh consisting of Gopalrao Ekbote and Ramachandra Rao, JJ. Th e tenant has appealed by special leave to this Court.

Reasoning: It is not a sound principle of construction to interpret expressions used in one Act with reference to their use in another Act; more so, if the two Acts in which the same word is used are not cognate Acts. Neither the meaning, nor the definition of the term in one statute affords a guide to the construction of the same term in another statute and the sense in which the term has been understood in the several statutes does not necessarily throw any light on the manner in which the term should be understood generally. On the other hand it is a sound, and, indeed, a well known principle of construction that meaning of words and expressions used in an Act must take their colour from the content in which they appearthe Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act,, is an Act to consolidate, and amend the law relating to the regulation of leasing of buildings, the control of rent thereof an(l the prevention of unreasonable eviction of tenants therefrom in the State of Andhra Pradesh. It applies to the cities of Hyderabad and Secunderabad and to all municipalities in the State of Andhra Pradesh. The provisions of the Act, however, do not apply to buildings owned by the Government and to buildings constructed on or after 26th August, 1957. Building is broadly defined as meaning any house or hut or a part of a house or hut, let or to be let separately for residential or nonresidential purposes. Landlord is defined as the owner of a building, including a person who is receiving or is entitled to receive the rent of a building, on his own account or on behalf of another person etc. Tenant is defined as a person by whom or on whose account rent is payable for a building. Section 4 provides for the determination of a fair rent of a building on the application of the tenant or landlord. Section 10(1) provide s that a tenant shall not be evicted whether in execution of a decree or otherwise except in accordance with the provisions of Sections 10, 12 and 13. Section 10(2) mentions several grounds on which a landlord may seek to evict a tenant. Th e grounds are default of payment of rent, sub-letting of premises, used for a purpose other than that for which it was leased, commission of acts of waste, conduct amounting to nuisance to the occupiers of the other portions in the same building, securing of alternative accommodation by the tenant and denial of the title of the landlord. The grounds mentioned in Section 10(2) apply both to residential and non-residential buildings. Section 10(3) (a) (i) provides for the eviction of a tenant where the landlord of a residential building requires it for his own occupation. Section 10(3)(a)(iii) provides for the eviction of a tenant from a non-residential building where "the landlord is not occupying a non-residential building in a city town or village concerned which is his own or to the possession of which he is entitled whether under the Act or otherwise-(a) for the purpose of a business which he is carrying on on the date of the application, or (b) for the purpos e of a business which in the opinion of the Controller, the landlord bona-fide proposes to commence". Section 12 and 13 contain special provisions relating to recovery of buildings by landlord for the purpose of effecting repairs , alterations or additions or for reconstruction. The scheme of the Act is to prevent unreasonable eviction of tenants by landlords and to provide for eviction on specified grounds. The Act is of general application and its protection not confined to any classes of tenants nor is the right to evict under the Act limited to any class of landlords. There is no reason why a landlord who is a member of the legal or medical professions and who requires the premises for carrying on the practice of his profession should be wholly debarred from obtaining possession of the premises. It is impossible to discover any reason for so making a discrimination against the liberal professions. But, that would be the r esult if the expression business is given a narrow meaning which the appellant wants us to give to that expression. It would indeed be anamolous to hold that all the provisions of the Act including Section 4 which provides for the determination of fair rent and Section 10(1) which bars the eviction of tenants apply to nonresidential buildings owned by an Advocate but not Section 10 (3) (a) (iii) only. In our view the expression business occurring in Section 10(3)(a)(iii) is used in a wide sense so as to include the practice of the profession of an Advocate.We, therefore, agree with the High Court that the practice of law is business within the meaning of that expression in Section 10(3) (a) (iii) ofthe Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act,