Case: B.R. Mehta Vs. Smt. Atma Devi &amp; Ors

The appellant was at all material times since 1968 a tenant of the ground floor of premises No. 2/14, Kalkaji extension, New Delhi. The premises had been let out in April, 1968 to the appellant at a monthly rent of Rs. 340 per month by one Shri R.N. Kurra. deceased husband of respon-dent No. 1 and father of respondent Nos. 2 to 8. The premises consist of two bed rooms, one drawing room, one dining room, one kitchen, two bath rooms and Courtyard at the back and porch in the front and one store and also one verandah. It is the case of the appellant that originally the appellant had occupied these along with his wife, his aged mother, his son, daughter, brother and sister-in-law. However, the brother and sister-in-law have since moved out and since 1979, the appellant?s wife Smt. Santosh Raj was only staying with the family off and on for short periods usually when the appellant was on tour. In the meantime on or about 20th July, 1977 the landlord filed eviction petition against the appellant on the ground of bona fide requirement. On or about 25th September, 1978 the appellant?s wife Smt. Santosh Raj was allotted Flat No. 93, Sadiq Nagar, i.e., a Government quarter was given to her due to her employment as a teacher in the Government Girls Higher Secondary School No. III, Kalkaji, New Delhi. She goes to live there leaving the rest of her family in the premises in dispute. It is the case of the appellant as made out in appeal before us that one Shri P.R. Arya and his family were asked to share with the appellant?s wife on a joint-allotment basis because it was not safe for a lady to live alone. The case of the appellant was that the relationship between the appellant and his wife Smt. Santosh Raj was not very good. There were differences of opinion. The appellant wanted the wife to give up her job and concentrate on the upbringing of the children. The lady was reluctant. She wanted to pursue her own avocation and career. It is highlighted before us that in those circumstances the wife of appellant had applied for Government accommodation and had gone to live in the said premises. However, by force of circumstances as the children have grown up and daughters became of marriageable age she was induced to give up her job and allotment and she has come back to the husband?s premises being the premises in dispute. On 17th of March, 1986 respondent No. 1 filed in the Court of the Rent Controller, Delhi a petition on the ground that the wife of the appellant Smt. Santosh Raj had been allotted on 25th of September, 1978 a residential quarter from the Directorate of Education, Delhi by virtue of her employment in Government Girls Higher Secondary School No. III, Kalkaji, New Delhi. The appellant therefore came within the mischief of Clause (h) of Section 14(1) of the Act. Written statement was duly filed in which it was stated that appellant had not acquired any house but that the landlord had tried to take advantage of the strained relationship between the tenant and his wife. It was stated that the tenant had strained relationship with his wife and no account of the same only she had acquired a separate accommodation and started staying there and got her ration card prepared at the same address but since the appellant had grown up children and remained on touring job, therefore, in order to provide the required protec-tion and care, the wife of the appellant came to the house in question temporarily. It was stated that this fact is well within the knowledge of the landlord and other members of the family. It was denied that Smt. Santosh Raj, the tenant had sublet the quarter No. 93. On the other hand it was apparent that the department had allotted the house to the wife of the appel-lant along with one other colleague jointly, who had now surrendered the same. It was further stated that this joint allotment had been made to the appellant?s wife on compassionate grounds. The appellant was, therefore, not liable to be evicted from the premises in question it was asserted. The case was proceeded under Section 37 of the Act. It was the contention of the appellant that he wanted to substantiate by production of evidence both oral and documentary that the flat allotted to his wife was on compassionate grounds in recognition of her special need to live apart from him. It could not be an alternative accommodation for the appellant and his family. It was further stated that the wife was allotted Flat No. 93, Sadiq Nagar on 25th September, 1978. A few months later, the appellant?s wife was all alone in the flat and felt the need for some company, and she arranged one of her colleagues Mrs. P.R. Arya along with her family should come to stay with her in this flat. Mrs. Arya?s husband Mr. P.R. Arya was entitled to such accommodation in his own right as a teacher in Government Boys Higher Secondary School, Hari Nagar Ashram, New Delhi and accordingly the appellant?s wife arranged to have the flat jointly allotted to herself and Mr. P.R. Arya. Mr. P.R. Arya with his family entered the flat on or about 28th April, 1979 and continued to share the flat with the appellant?s wife for three years only. In 1982 they moved out of the flat and since then the appellant?s wife has continued in the flat. In 1978 when she first occupied the flat, the appellant?s wife had a separate ration card giving the flat as her address and had drawn ration on that basis and not with her family in the suit premises. It was further stated that the appellant should have been permitted to adduce evidence both oral and documentary on all the above facts. But the learned Additional Rent Controller directed that no evidence need be necessary as the matter could be decided on admitted facts. In view of the provisions of law as the tenant had acquired vacant possession for residence became disentitled to retain the premises in question, he, therefore, passed an order of eviction2. Aggrieved by the aforesaid order the appellant went up in appeal being R.C.A. No. 957 of 1986. The learned Rent Control Tribunal negatived the appellant?s plea that he should have been allowed to produce evidence in support of his averment of strained relations with his wife and that on account of these strained relations he could not in any way avail of the allotment of the flat to his wife. The Rent Control Tribunal dismissed the appeal of the appellant3. Being aggrieved thereby the appellant approached the High Court in second appeal. The High Court by its impugned judgment dated 6th of April, 1987 summarily rejected the appeal. Being further aggrieved the appellant has come up to this Court as mentioned hereinbefore.

Reasoning: We are unable to accept the view of the Delhi High Court, We have noted the provisions. The purpose of the Act is to control rents and eviction, in other words, to control unreasonable evictions and to ensure that in an atmosphere of acute shortage of accommodation, there is proper enjoyment of available spaces by those who want and deserve. In other words, to ensure that there is no unreasonable and unnecessary spaces in the hands of one tenant and other tenants and landlords? need of occupation of spaces remains unsatisfied, Clause (h) of Section 14(1) is an attempt in a way to ration out accommoda-tion between tenants and landlords. Looked at from that point of view unless acquisition of a premises or a flat or allotment of a premises or part of a premises by the tenant in which he has domain which he can reasonably and alternatively use as a substitute for the place he is using in the tenancy it cannot lead to a forfeiture of his right to occupy his tenanted premises. The case would be otherwise, however, if a tenant comes into possession of a pre-mises or is allotted a piece of residence or acquires vacant possession of the premises then such a tenant cannot prevent, if other conditions are fulfilled under Section 14(1)(h) of the Act being liable to forfeiture of his tenancyHaving considered the averments of the parties on the point at issue it was held in that case that the respondent had through his wife acquired vacant possession of a residence in Delhi and in that view of the matter was held not entitled to retain old tenant-ed premises. Mr. Avadh Bihari Rohtagi, learned Counsel strenuously contended before us that this proposition that acquisition of a flat by the wife was acquisition by the tenant and such acquisition in all circumstances would be within the mischief of Section 14(1)(h) of the Act and would disentitle the tenant to retain his flat in question. We are unable to accept this reading of said Act. The said decision rested on the facts of that case. There in that case, this Court has found in a case that the respondent?s wife had purchased a flat in Saket and that further found that the flat was available to the respon-dent. In those circumstances it was held that there was acquisition of vacant possession of a residence and as such Section 14(1)(h) of the Act would be attracted. It cannot however be laid down as a general proposition of law that acquisition of flat by the wife in all circumstances would amount to acquisition of flat by the tenantTenancy is a right vested in the tenant. The main purpose of the Act is the protection of tenants from eviction. The various provisos to Sub-section (1) of Section 14 laid down the exception to this rule. The learned Judge observed that when proviso (h) made tenant liable to eviction, its effect was to divest the tenant of his right of tenancy. The intention of the legislature in divesting the tenant of his right was based upon the fact that the tenant had legally acquired another residence as of right. There is no law according to which husband and wife could be deemed to be one person. Therefore, the correct position must be that if a wife or a husband vice-versa acquires a property then the other spouse if he/she is the tenant and by such acquisition by the other spouse of a tenant as a legal right to go there and have right of stay and then only can such acquisition or allotment of premises would disentitle or attract the provisions of Clause (h) of Section 14(1), otherwise the whole purpose would be defeated. In other words if for all practi-cal and real sense the tenant, acquired, built or allotted another residence then his need for the old tenanted residence goes and the tenant loses his right to retain his tenanted premises. That is the rationale behind the schemeIn our opinion, this principle is wholly irrelevant for the point in controversy before this Court. We are not concerned whether there was ground for bona fide requirement of the landlord for which a suit had been filed and which is pending appeal. This fact of acquisition or allotment of flat in the name of wife (which incidentally she has lost having given up her job) can be in certain circumstances a factor in Judging the bona fide needs of the landlord; but the same indisputably cannot be any ground to evict the tenant on the ground that he has acquired vacant possession or allotted residence in terms of Clause (h) of Section 14(1)7. In the premises we are unable to sustain the judgment under appeal. To complete the story the wife of the tenant has resigned and has joined the husband at 2/14, Kalkaji Extension, New Delhi. We hope there will be no more strained relationship in the family. Hereafter they will live happily provided landlord the permits so. We shall try to ensure that they so permit.