Case: Pratap Rai Tanwani  Vs. Uttam Chand

A suit for eviction was filed before the trial court under Section 12 (1) (a) (b) and (f) of the Madhya Pradesh Accommodation Control Act, 1961 (in short the Act). The plaintiffs filed the suit on the ground that (a) there was default in payments of the rent due, (b) the tenant (defendant No.1) had unlawfully sublet the tenanted premises and (c) for bona fide requirement. The trial court framed, in total, 13 issues and held that the need of the plaintiffs, so far as the suit premises are concerned, was genuine and bona fide. It was also held that the plaintiffs had not got other suitable accommodation available and the defendant No.1 had sublet the premises to defendant No.2. The suit was accordingly decreed.3. In appeal the Appellate Authority held that the plea of subletting was not established. However, the finding regarding bona fide need was affirmed by the First Appellate Court. In Second Appeal the judgments of the courts below, so far as it was adverse to the appellant, were affirmed. Tenants filed an application in terms of Order 41, Rule 27 of the Civil Procedure Code 1908 (in short the CPC). Another application for amendment of the written Statement was also filed. By these two applications the appellants wanted to highlight the alleged factual position that during the pendency of the matter Naresh Talreja son of the appellant No.1, Uttam Chand (respondent No.1 herein) had acquired a degree in Engineering, got an employment in an Indian Company and subsequently was settled in USA and was working there, with no chance of his coming back to India. Therefore it was submitted that the alleged bona fide need and requirement, for which the application was filed, had become non-existent, thereby disentitling the plaintiffs from any relief.4. The present respondents refuted the claim of the appellants and submitted that since there was no other accommodation readily available Naresh Talreja pursued study in Engineering and was temporarily engaged in USA. He wanted to come back and start his business.5. The High Court found that requirements of Section 12(1)(f) of the Act were fully complied with and in view of concurrent findings recorded to the effect that there was bona fide need of the premises, Second Appeal had no merit. Accordingly the High Court dismissed the Second appeal. Time was granted till the end of August, 2002 to vacate the premises.

Reasoning: In the background of the factual position one thing which clearly emerges is that the High Court had considered the subsequent events which the appellants highlighted and tend to hold that the bona fide need continues to subsist. As observed in Hasmat Rajs case (supra) the appellate Court is required to examine, evaluate and adjudicate the subsequent events and their effect. This has been done in the instant case. That factual finding does not suffer from any infirmity. What the appellants have highlighted as subsequent events fall within the realm of possibility or probability of non-return and a certainty, which is necessary to be established to show that the need has been eclipsed.19. As this juncture is would be appropriate to take note of Section 17 of the Act. Same deals with consequences which statutorily follow if there is deviation from the purposes for which possession has been recovered. If in the instant case such contingency arises, the respondents shall re-deliver possession to the appellants-tenants on such terms as the Rent Controlling Authority shall fix.20. Learned counsel for the appellants submitted that considering the long period of tenancy a reasonable time should be granted to the appellant to vacate the premises.21. Learned counsel for the respondents submitted that the High Court has granted time till the end of August, 2002 and by order dated 9th August, 2002 status quo regarding possession was directed to be maintained. Undisputedly the tenants are in occupation of the tenanted premises.22. Considering the fact that the tenants are occupying the premises for nearly two decades, in our considered view the time granted by the High Court can be extended till the end of 2005. The period of tenancy is extended till the aforesaid date subject to the appellants filing the requisite undertaking before the trial court and make continuing to payment of rents due within the stipulated time. Arrears, if any, shall be paid to the respondents within the period of two months from today.