Case: Firm Panjumal Daulatram Vs. Sakhi Gopal

A statement of necessary facts may now be given. The landlord had let out the premises, which is a storeyed building, to be tenant as per Ex. P-1 of 1955. The significant clause in the lease deed runsXXX2 . I take your house for my own use i.e. for opening a cloth shop and for residential purposes and I will not sublet your house to anybody.XXX XXX XXXtenant has thus put the building to business and residential purposes. The landlord, who is an M. Sc., claimed the building back on the score that he wanted to run a medical store on the ground floor a non-residential purpose---and stay on the first floor with his wife--a residential purpose. Thus the acommodation was let out for dual purposes, was being used presumably for these requirements and was being claimed back by the landlord for the twin purposes mentioned above. The final court of fact has held that the landlord needs the building for his chemists shop and for his residential use. The High Court in Second Appeal has upheld this finding and added that "the finding as to his bonafide requirement was rightly not challenged before me ...... The conclusion that the courts have reached is the only conclusion possible on the evidence on record in the light of the circumstances appearing."This statement by the High Court that the bonafide requirement of the landlord was not challenged before it has not been questioned in the memorandum of appeal to this Court. It must therefore be taken that the bonafide need of the landlord is validly made out.

Reasoning: The residential portion is a part of the building and is an accommodation by definition. The non-residential portion is also a part of the building and is an accommodation by definition. The lease has been given for residential as well as non-residential purposes. The landlord is entitled to eviction of the residential portion if he makes out a bonafide residential requirement. Likewise he is entitled to eviction of the non-residential portion which is an accommodation if he makes out a non-residential requirement. We have already found that the final court of fact, affirmed by the High Court, has found in favour of the landlord regarding his residential as well as non- residential requirements. Therefore, nothing more can be done in defence of the tenant in the light of the present law.We agree. There is no question of splitting up of the contract in the present case, as is abundantly plain from what we: have stated. The contract was integral but had dual purposes. The landlord has put forward dual requirements which neatly fit into s. 12(1)(e) and (f). The consequence is inevitable that the eviction order has to beis seep, th at the tenant has been doing a thriving cloth business, with goodwill attached to it, for well knigh 30 years. It is therefore but fair that the. tenant is given sometime to rehabilitate himself by securing an alternative but suitable accommodation. In our towns where scarcity of accommodation is the rule it is not that easy to secure alternative premises.