Kusum Devi vs Mohan Lal (Dead) By Lrs

1. The appellant - landlady filed a suit for eviction of respondent-tenant from the suit premises under Section 12 (1)(a),(c),(e), (g) and (o) of the Madhya Pradesh Accommodation Control Act, 1961 [hereinafter referred to as `the Act']. Decreeing the suit, the trial court directed the respondent to deliver vacant possession of the suit premises to the appellant and to pay the unpaid rental of Rs. 1080/- to her within one month. Being aggrieved, the respondent filed an appeal in the Court of IIIrd Additional District Judge, Damoh. Dismissing the appeal, the first appellate court held that the appellant was entitled to get vacant possession of the suit premises from the respondent only under clauses (e) and (g) of sub-section (1) of Section 12 of the Act. Aggrieved thereby, the respondent filed an appeal before the High Court of Madhya Pradesh. The High Court, by the impugned judgment, following the judgment in the case of Smt. Parmeshwari Devi vs. Thakur Nathu Singh, 1998 (1) MPJR 462, a decision of the same High Court - while allowing the appeal and setting aside the decrees of eviction granted by both the courts below under clauses (e) and (g) of Section 12(1) of the Act, held that no decree could be passed if the grounds enumerated under clauses (e) and (g) are taken together in a suit for eviction as both the claims could not be held to be bona fide. Hence, this appeal by special leave.

2. Briefly put, the facts are that the appellant herein purchased a two-storied building, namely, Ward No. 1, Damoh, by a registered Sale Deed dated 13.6.1986 from one Mahindra Raja Jain and respondent herein, who was inducted as tenant by the ex-owner Mahindra Raja Jain in the first floor of the said house and was residing in the suit premises at the time of its purchase by the appellant, became tenant of the appellant. Since the respondent had not paid rent since 1979, the right to recover the same was assigned to the appellant by the ex-owner. Failure of the respondent to pay rental resulted in a notice being sent by the appellant on 29th August, 1986, but despite that respondent did not pay rental to the appellant. On 20th July, 1987, appellant filed a suit for eviction against the respondent on grounds, inter alia, of bona fide need for residential purpose under Section 12(1)

(e) and for carrying out repairs in the suit premises as it had become unsafe for human habitation under Section 12(1)(g), which repairs, according to the appellant, could not be carried out until the suit premises were vacated by the respondent. It was stated that since - at the time of purchase - the accommodation available with the appellant on the ground floor was inadequate, the appellant had to hire a room in the same locality for the purpose of keeping the household goods. It was further stated that keeping in view the large family of the appellant consisting of a retired husband, five married daughters, who keep visiting her regularly, and marriageable sons, the appellant and his family was facing acute shortage of residential accommodation.

3. The respondent contested the said suit and filed a written statement, denying the title of the appellant as well as the grounds on which his eviction from the suit premises was sought, stating as follows:-

As stated above, the trial court, after considering the pleadings of both the parties and analyzing the evidence led, decreed the suit of the appellant-plaintiff on all the grounds taken in the suit and directed the respondent-tenant to deliver vacant possession of the suit premises to the appellant within one month. The said judgment of the trial court was unsuccessfully challenged by the respondent by filing an appeal before the first appellate court in relation to grounds enumerated under clauses (e) and (g). Being aggrieved, the respondent carried the matter - by way of Second Appeal - to the High Court of Madhya Pradesh, which, while reversing the judgment of the first appellate court, held that no decree could be granted if the grounds enumerated under clauses (e) and (g) are taken together in a suit for eviction as both the claims could not be held to be bona fide. In so holding, the High Court followed the judgment in the case of Smt. Parmeshwari Devi [supra].

On the basis of the statements of PWs. 2 to 6 and Exhibit P-6 as also the written statement of the respondent, both the courts below were quite justified in arriving at a finding that the appellant has succeeded in proving her bona fide requirement under Section 12 (1)(g) as well and accordingly granted a decree for eviction against the respondent on that ground as well.

27. In the result, the appeal is allowed, impugned judgment of the High Court is set aside and the same rendered by first appellate court confirming decree for eviction is restored. The respondents are granted six months' time to vacate the suit premises on furnishing usual undertaking to this Court within eight weeks from today. There shall be no order as to costs.

NEW DELHI.