MUDIGONDA CHANDRA MOULI SASTRY

BHIMANEPALLI BIKSHALU AND ORS.

AUGUST 4, 1999

[V.N. KHARE AND SYED SHAH MOHAMMED QUADRI, JJ.] B

A.P. Building (Lease, Rent & Eviction) Control Act, 1960-Sections 10(3) and 10 (4)(i)-lnterpretation of-Eviction petition filed by landlord- Tenant claiming protection against eviction on the ground that he is employed C in a department catering essential services-Tenant transferred to another city or town-Applicability of protection under S.10(4)(i) of the Act-Held, when a tenant engaged in catering essential services has been transferred to another city or town, the protection to such a tenant against an order passed under S. J 0(3) of the Act ceases to be available to him in respect of premises in his original place of posting.

Revisional Jurisdiction-Concurrent finding of facts by two courts- No a/legation that the said findings suffered from any legal infirmity-High Court re-assessing evidence and interfering with concurrent finding of facts- Held, under the facts and circumstances High Court exceeded its power while exercising revisional jurisdiction.

Appellant-landlord filed a petition for eviction of the respondent-tenant on the ground of bonafide requirement, besides other grounds not relevant for the purpose of the present appeal, which was allowed by the Rent Controller. Appeal preferred by the tenant against the order of the Rent F Controller was dismissed by the Appellate Authority. Revision petition filed

by the tenant against the order of the Appellate Authority was allowed by the High Court on the ground that by virtue ofS.I0(4Xi) of A.P. Building (Lease, Rent & Eviction) Control Act, 1960, no order of eviction could be passed against the tenant, as the tenant is employed in a department, which has been declared as catering an essential service; and that the transfer of tenant to G another town would not come in the way of protection available to the tenant under S.10(4)(i) of the Act. The High Court further, after re-assessing evidence reversed the finding of facts as regards other grounds for eviction - arrived at by the courts below. Aggrieved by the order of the High Court, the appellant has filed the present appeal. 69 H

A The contentions of the appellant were that the tenant having been

transferred to another town, the protection under S.10(4)(i) of the Act, was not available to the tenant; and that it was not open to the High Court, bile exercising its revisional jurisdiction, to re..; assess the evidence and reverse concurrent finding of facts recorded by the courts below.

Allowing the appeal, this Court

HELD : 1. A perusal of Section 10(4)(i) of the A.P. Building (Lease, Rent & Eviction) Control Act, 1960 shows that no order of eviction can be passed under sub-section (3) of Section J 0 of the Act against any tenant, who C is engaged in any employment or Class of employment notified by the government as an essential service for the purposes of this sub-section. The tenant, who was working in a department which was declared as an essential service by the Government by issuing a notification under Section 10(4)(i) of the Act, was transferred to another town which was about 110 miles from his original place of posting. The object behind clause(i) of sub-section ( 4) D of Section 10 is that an employee who is employed for rendering an essential

service is not to be ejected from the premises of which he is a tenant lest he would be put to hardship and inconvenience which may, ultimately, interfere in his working in catering essential services to the society. Keeping in mind/ the object, it is held that once a tenant who was engaged in catering essential E services, has been transferred to another city or town, the protection to such .

a tenant against an order passed under sub-section(3) of Section 10 of the Act ceases to be available to him as he is no longer required to cater essential services. If a literal interpretation to clause (i) of Sub-section (4) of Section 10 is given, then it would lead to an anomalous position. For

F example, if a tenant working in a department which is rendering essential services is transferred to another city or town where he is posted in a department which is also engaged in providing essential services and he takes a premises on rent for his residence, it would mean that such a tenant enjoys protection against eviction at both places, namely, in the original place of posting and subsequent place of posting. But that is not the object G behind the provision of Section 10(4)(i) of the Act. The view of the High Court is repugnant to the object behind the provisions of the Act.

[72-D-H; 73-A-D]

2. The Rent Controller and the First Appellate Authority after assessing the evidence recorded concurrent finding of facts that the need of the landlord H was bonaflde. It was not pointed out that the said finding suffered from any

legal infirmity. Under such circumstances, it was also not open to the High A ._.Court in exercise of its revisional jurisdiction to have indulged in reassessment of evidence and thereby interfered with the concurrent finding of facts recorded by the two courts below, especially when it was found by the High Court that the tenant's wife had already acquired a vacant accommodation in the tenant's original place of posting where the disputed premises is B situated and the tenant himself was transferred to another town. (73-D-F)

CIVIL APPELLATE JURISDICTION: Civil Appeal No. 2590of1997.

From the Judgment and Order dated 12.2.96 of the Andhra Pradesh High Court in C.R.P.No. 2507of1994.

Ms. B. Sunita Rao for the Appellant.

Sunil Kumar for the Respondents.

The Judgment of the Court was delivered by

V. N. KHARE, J. This is a landlord's appeal. The landlord filed a petition for eviction of the respondent-tenant from the premises in dispute on the grounds, namely, (a) he required the said premises for his own needs; (b) the tenant has committed default in payment of rent; (c) the tenant has acquired

an alternative accommodation; and (d) the premises was in a dilapidated condition which required reconstruction. The Rent Controller, after having E satisfied that the grounds for eviction were well-substantiated, allowed the petition filed by the landlord. Aggrieved, the tenant preferred an appeal. The appellate authority dismissed the appeal filed by the tenant. The High Court, however, in the Civil Revision Petition filed by the tenant held, that by virtue of sub-section ( 4) (i) of Section 10 of A.P. Building (Lease, Rent & Eviction) F Control Act, 1960 (hereinafter referred to as the 'Act') no order of eviction can be passed against the tenant, as the tenant is in the employment in a department which has been declared as an essential service. The High Court further, after re-assessing the evidence, reversed the finding of facts as regards other grounds for eviction of the tenant arrived at by the two courts below. Consequently, the revision petition filed by the tenant was allowed and G the petition filed by the. landlord for eviction of the tenant was rejected.

Learned counsel for the appellant has assailed the order of the High Court on two grounds. Firstly, that the tenant having been transferred from Tenali to Marcherla - another town, the protection under sub-section 4 (i) of Section IO, was not available to the tenant and, secondly, it was not open to H

A the High Court, while exercising its revisional jurisdiction to re-assess the evidence and arrive at a different finding contrary to the concurrent finding of facts recorded by the two courts below.

After we heard the matter, we find that both the submissions of learned counsel for the appellant are well-substantiated. So far as the first submission B is concerned, it is worthwhile to reproduce Section 10 (4) (i) of the Act, which is as under :-

"Section 10 (4) - No order for eviction shall be passed under subsection (3) -

(i) against any tenant who is engaged in any employment or class of employment notified by the Government as an essential service for the purposes of this sub-section unless the landlord is himself engaged in any employment or class of employment which has been so notified; or" ..... .

D A perusal of the aforesaid provision shows that no order of eviction can be '

passed under subsection (3) of Section JO of the Act against any tenant, who is engaged in any employment or class of employment notified by the Government as an essential service for the purposes of this sub-section. In the present case, the tenant was working as Senior Assistant (Accounts) in E LT.I., Tenali. The Government issued a notification under sub-section (4) (i) of Section 10 declaring service in I. T. I. as an essential service. Therefore, any person in employment in LT.I. enjoyed immunity from eviction from any order that may be passed under sub-section (3) of Section I 0 of the Act. But, in the present case, the tenant was transferred from Tenali to Marcherla - a place. which is about 110 miles from Tenali. Under such circumstances, the question F that arises for consideration is whether a tenant employed in a department catering essential services if transferred to another city or town, will he still enjoy the protection from eviction from any order that may be passed under sub-section (3) of Section I 0 of the Act ? The aforesaid provisions show that the object behind clause (i) of sub-section ( 4) of Section I 0 is that an G employee who is employed for rendering an essential service is not to be ejected from the premises of which he is a tenant lest he would put to a hardship and inconvenience which may, ultimately, interfere in his working in catering essential services to the society. Keeping in mind the object we are of the view that once a tenant, who was engaged in catering essential services, has been transferred to another city or town, the protection to such H a tenant against an order passed under sub-section (3) of Soction 10 of the

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Act ceases to be available to him as he is no longer required to cater essential A services. If we give a literal interpretation to clause (i) of sub-section (4) of Section 10, then it would lead to an anomalous position. For example, if a tenant working in a department which is rendering essential services is transferred to another city or town where he is posted in a department which is also engaged in providing essential services and he takes a premises on B rent for his residence, does it mean that such a tenant enjoy's protection against eviction at both places, namely, in the original place of posting and subsequent place of posting. But that is not the object behind the provision of Section l 0 ( 4) (i) of the Act. It was pointed out before the High Court by the appellant that in view of transfer of the tenant from Tenali, the protection from ejectment under Section 10 (4) (i) is not available to him but the High C Court rejected the said submission on the ground that the transfer of tenant from Tenali would not come in the way of protection available to the tenant.

This view of the High Court is repugnant to the object behind the provisions of the Act. Therefore, we find that the view taken by the High Court in applying sub-section (4) (i) of Section IO of the Act in the present case, was totally misplaced.

Coming to the second submission what we find is that, that the Rent Controller and the First Appellate Authority after assessing the evidence recorded concurrent finding of facts that the need of the landlord was bonafide.

It was not pointed out that the said finding suffered from any legal infirmity. E Under such circumstances, it was also not o.pen to the High Court in exercise of its revisional jurisdiction to have indulged in re-assessment of evidence and thereby interfered with the concurrent finding of facts recorded by the two courts below, especially when it was found by the High Court that the tenant's wife had already acquired a vacant accommodation in the town of Tenali and the tenant himself was transferred from Tenali to Marcherla. Since F the petition deserves to succeed on these two grounds, we are not inclined to go into the other grounds on which the landlord sought eviction of the respondent-tenant.

For the aforesaid reasons, we find that the judgment and order passed G by the High Court under appeal is not sustainable in law and, therefore, liable to be set aside. We order accordingly. The appeal is, therefore, allowed.

However, there shall be no order as to costs.

After the order was dictated; learned counsel appearing for the tenant prayed that the respondent-tenant may be granted some time to vacate the H

, A premises. To this, counsel for the appellant has no objection. We, therefore, direct that the respondent-tenant shall not be dispossessed from the premises in question for a period of six months i.e. upto 31st of January, 2000 provided the respondent-tenant deposits the arrears of rent/damages, if any, before the Rent Controller within two months and continues to pay month to month rent/ B damages to the landlord. The respondent-tenant on the expiry of the aforesaid period shaft hand over the vacant and peaceful possession of the premises to the landlord.

A.K.T.

Appeal allowed.