A.K.Jain vs Prem Kapoor

3. This appeal arises for an eviction proceeding instituted by the appellant, the landlord, in terms of Section 13 of the Haryana Urban (Control of Rent & Eviction) Act, 1973. The eviction of the respondent, 2 the tenant, was sought on a number of grounds, of which only personal necessity now remains relevant, and we, accordingly, propose to take note of facts germane to that ground. The Rent Controller, Faridabad rejected the Eviction Petition (24 of 1998) filed by the appellant by order dated 26 August, 2004. The Appellate Authority, however, allowed the appellant's appeal (Rent Appeal No.6 of 2004) and ordered the respondent's eviction by judgment dated 28 March, 2005. The High Court in turn, set aside the appellate order and restored the judgment and order passed by the Rent Controller vide. the judgment and order dated 3 April, 2007 in Civil Revision No.2344 of 2005 (O & M), preferred by the respondent. The High Court allowed the respondent's revision and dismissed the eviction petition filed by the appellant primarily on the ground that the appellant had failed to make the necessary averments in the Eviction Petition as required by Section 13(3)(a)(i) of the Act. The finding of the High Court that led to the dismissal of the appellant's case is admittedly based on an error of record and the order coming under appeal is therefore liable to be set aside on that score alone. But before proceeding further we must recount the relevant facts and the respective views taken by the courts below.

4. The appellant, in August 1995, inducted the respondent as a tenant in a portion of his dwelling house at no.1007 in Sector 14, Faridabad. The let-out portion consisted of one garage-room and one bed room with 3 attached bath and toilet. The portion of the house that remained with the landlord consisted of two bed rooms, baths and toilets and a kitchen.

5. On 13 April, 1998 the appellant filed the petition for eviction of the respondent from the tenanted portion of the house inter alia on grounds of personal necessity. In the Eviction Petition, it was pleaded that the appellant needed the entire house, including the part tenanted by the respondent for himself and his family. It was stated that the appellant's family consisted of himself, his wife and a son and a daughter, both of whom were of marriageable age and were likely to be married soon. The respondent resisted the eviction proceeding and controverted the plea of personal necessity by pointing out that the appellant was an Executive Engineer in the Haryana Electricity Board and he was posted in Hisar where he lived in an official residence. His daughter stayed in Sholapur in connection with her studies. It was contended that the plea of personal necessity was false and unfounded.

7. The rent controller did not accept the appellant's case and rejected the Eviction Petition by order dated 26 August 2004.

9. The Appellate Authority allowed the appellant's appeal, accepted the case of personal necessity and ordered the respondent's eviction. It took into consideration all the developments that took place since the 5 institution of the proceeding and which were amply borne out from the evidences led before the Rent Controller. As regards the appellant's retirement from service the Appellate Authority made the following observations:

11. The High Court order coming under appeal before us is based on the premise that in the eviction petition filed by him the appellant- landlord had failed to make the necessary declarations as requited under Section 13(3)(a)(i)(b) and (c) of the Act. In order to show the omissions in the pleadings the High Court extracted certain paragraphs from what it supposed to be the eviction petition filed by the appellant. Unfortunately, the High Court committed an error of record and the extracts reproduced in the High Court judgment are not from Rent Petition No.24/1998, from which the revision arose but those are from a different petition filed later by the appellant. Learned counsel appearing for the respondent-tenant fairly accepted that the statements quoted in the High Court judgment are not from the eviction petition filed by the appellant and in that regard the High Court has committed an error of record. For our satisfaction we also referred to Rent Petition No.24 of 1998 which is a part of Annexure P-1 to the S.L.P. On a perusal of paragraphs 5 (i) to (iv) we are satisfied that the pleadings fully comply with the requirements of Section 13(3)(a)(i)

10. The respondent-tenant filed revision before the High Court against the order of eviction passed by the Appellate Authority. As noted above, the High Court allowed the revision, set aside the order passed by the Appellate Authority and restored the order of Rent Controller.

16. We are unable to accept this submission because we see no application of the quoted provision to the facts of this case. Section 13(3)

economic or otherwise, between the landlord and such person in the background of social, socio-

religious and local customs and obligations of the society or region to which they belong.

(iii) The tests to be applied are: (i) whether the requirement pleaded and proved may properly be regarded as the landlord's own requirement; and,

(ii) whether on the facts and in the circumstances of a given case, actual occupation and user by a person other than the landlord would be deemed by the landlord as "his own" occupation or user.

(iv) While casting its judicial verdict, the court shall adopt a practical and meaningful approach guided by the realities of life.

17. For the reasons discussed above we find no merit in this respondent's pleas. Accordingly, the appeal succeeds and it is allowed. The order of the High Court is set aside and the order of the Appellate Authority is restored.

18. In the facts and circumstances of the case, however, the respondent-tenant is allowed six months time to vacate the tenanted premises on condition of filing the usual affidavit before this Court within four weeks from today.