[2017] 2 S.C.R. 943

VALIYAVALAPPIL SAROJAKSHAN & ORS.

SUMALSANKAR GAIKEVADA & ORS.

(Civil Appeal Nos. 6819-6820 of2009)

MARCH 29, 2017

[KURIAN JOSEPH AND R. BANUMATHI, JJ.;

Kera/a Buildings (Lease and Rent Control) Act, 1965 - s.11(4J(iii) and (iv) - Eviction sought uls.11(4)(iii) and s.11(4)(iv) - Rent control court allowed the petition uls.11 (4){iv) only -Appellantlandlords filed appeals before the First Appellate Authority for seeking eviction u!s.11 (4)(iii) also - Pending these appeals, however, the appellant-landlords took delivery of premises in execution proceedings - Appeals were ultimately allowed - Respondentstenants filed revision bfore the High Court - High Court held that once the delivery of the premises had already been taken in execution, no further proceedings for eviction could be pursued on any other ground - On appeal, held: The eviction on the respective grounds under the Act has different ramifications since the grounds are distinct and separate - Therefore, merely because the landlords had taken possession on the basis of an eviction order on one ground that does not mean that the surviving grounds became non-est - High Court did not consider the revision petitions filed by the respondents-tenants on merits on account of the view taken by the High Court - Matter remitted to High Court for fresh consideration.

Allowing the appeals and remitting the matter to High Court, the Court

HELD: The moot question is whether the landlords are entitled to eviction on all the grounds taken by the landlords in

the petitions for eviction. The eviction on the respective grounds G under the Act has different ramifications since the grounds being distinct and separate. For all practical purposes ai; d legal consequences, the said grounds do survive to be considered under law. (Para 11] (946-C-D]

H 943

A CIVIL APPELLATE.JURISDICTION: Civil Appeal Nos. 6819-

6820 of2009.

From the Judgment and Order dated 03 .07 .2007 of the High Court ofKerala at Emakulam in C.R. P. Nos: 1274 & 1377 of2000.

R. Basant, Sr. Adv., T. G Narayanan Nair, K. N. Madhusoodhanan, Ad vs. for the Appellants.

Ranjith K. C., Bijo Mathew Joy, Advs. for the Respondents.

The Judgment of the Court was delivered by

KURIAN, J. I. Jn the present appeals, we are called upon to C consider the interplay between Section 11{ 4)(iii) and Section 11 ( 4 )(iv) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (in short, "the Act").

2. The provisions to the extent relevant read as follows:-

"(iii) If the tena11t already has i11 his possessio11 a buildi11g or subseque/1/ly acquires possessio11 of or puts up a buiiding, reaso11ably sujjicie11t for his requirements in the same city, town or village; or

(iv) If the building is in such a condition that it needs reconstruction and if the landlord requires bona fide to reconstruct the same and if he satisfies the court that he has the plan a11d licence, if any required, and the ability to build and if the proposal is not made as a pretext for eviction; Provided that the landlord who evicts a tenant and does 1101 reconstruct completely the building withili a time "hich may be fixed or extended by the Rent Co11trol Court, shall 011 a petition before that Court be liable to a fi11e of rupees five hundred, if its proved that he has wiljuf/y neglected to reconstruct completely the bui/di11g withi11 such time; provided further that the court shall have power at a11y time to issue J directions regarding the reconstruction of the buildi11g and

011 failure of compliance by the /a11dlord, to give effect to the order in a11y manner the Court deems fit and in appropriate cases to put the tenant back i11 possessio11 or award the evicted tenant damages equal tot he excess rent he has to pay for another building that he is occupying in consequence of such

VALIYAVALAPPIL SAROJAKSHAN & ORS. v. 945

SUMALSANKAR GAIKEVADA & ORS. [KURIAN, J.]

eviction; provided further that the tenant who was evicted shall have the first option to have the reconstructed building allotted to him with liability to pay its fair rent. "

3. The appellants filed Rent C().ntrol Petition Nos. 82of1994 and 83 of 1994 on the file of the Rent Control Court, Vatakara, seeking eviction of the respondents-tenants, mainly under Sections 11 (4) (iii) and 11(4)(iv).

4. The Rent Control Court allowed the petitions under Sections 11 (4) (iv) on the ground ofrequirement for demolition and reconstruction.

5. Aggrieved, the appellants-landlords pursued the eviction before the first Appellate Authority on the ground also of Section 11 ( 4) (iii), which had been declined by the Rent Control Court. The first Appellate Authority, in RCA No. 106of1997 and 107of1997, entered a finding that the respondents-tenants were in possession of buildings' of their own, which were reasonably sufficient for their requirement in the same town and, hence, allowed the eviction on the ground of Section 11 (4)(iii) as well.

6. While the Rent Control appeals were pending before the first Appellate Authority, the appellants-landlords took delivery of the premises in execution proceedings. The order passed by the Appellate P.uthority happened to be passed after such delivery.

7. The respondents-tenants pursued the matter before the High Court in Civil Revision Petition Nos. 1274 and 13 77 of2000, leading to the impugned Judgment.

8. The High Court has taken a view that once the delivery of the premises had already been taken in execution and for that matter, in case vacant possession of the premises had been surrendered, no further proceedings for eviction can be pursued on any other grouncl. In the instant case, the delivery of possession had already been taken. The High Court observed that " ......... the subject molter of eviction proceedings itself having become non-est by such demolition, the landlord could not have proceeded further with a claim for eviction on other grounds, inter a/ia, on ground under Section 11(4){iii) of the Act, which was illegally allowed by the Appellate Authority. " In that view of the matter, the Civil Revision Petitions were allowed. The orders passed by the first Appellate Authority were set aside and those

A of the Rent Control Court were restored. Jn other words, the appellantslandlords have been granted eviction only on the ground of demolition and reconstruction under Section 11 ( 4) (iv) of the Act.

9. Thus aggrieved, the appellants-landlords are before this Court.

10. Heard Sh. R. Basant, learned senior counsel appearing for the appellants-landlords and Sh.Ranjith K.C., learned counsel appearing for the respondents-tenants.

11. With great respect, we find it difficult to appreciate the view taken by the High Court. The moot question is whether the landlords are entitled to eviction on all the grounds taken by the landlords in the petitions for eviction. It needs to be noted that eviction on the respective grounds under the Act has different ramifications since the grounds being distinct and separate. Therefore, merely because the landlords have taken possession on the basis of an order for eviction granted on one gf'.)und, that does not mean that the surviving grounds have become non-est.

For all practical purposes and legal consequences, the said grounds do survive to be considered under law.

12. We find that in the instant case, the High Court has not considered the revision petitions filed by the respondents-tenants on merits on account of the view taken by the High Court, which we have found to be unacceptable. Therefore, the only course open to this Court is to set aside the impugned Judgment and send the matter to the High Court for consideration on merits.

13. Therefore, these appeals are allowed. The impugned 0rders are set aside. The Civil Revision Petitions are remitted to the High Court for consideration on merits on the grounds taken by the respondentstenants before the High Court. Since the proceedings for eviction had been initiated in the year 1994, we request the High Court to dispose of the civil revision petitions expeditiously and preferably within six months.

14. Needless also to say that the claims, if any, made by the respondents-tenants need to be considered only after the disposal of the civil revision petitions by the High Cou1t.

No costs.

Devika Gujral