ARYA SAMAJ, SAGAR & ORS.versusPINJAMAL & ANR.

A

                     ARYA SAMAJ, SAGAR & ORS.
                                v.
                         PINJAMAL & ANR.
u
                               AUGUST 8, 1986

            [SABYASACHI MUKHARJI & K.N. SINGH, JJ.)

           Madhya Pradesh Accommodation Control Act, 1961, s. 12(1)
     (/)-Eviction of tenant on ground of requirement by landlord for addi-
c   'tional accommodation-When arises.

          The landlord-appellant running a girls' school, filed an eviction
    suit against the tenant, the predecessor-in-intetest of the respondent,
    on the ground that it needed additional accommodation for the school.
D
          The trial Judge as :well as the Appellate Court ordered eviction
    under s. 12(i)(f) of the Madhya Pradesh Accommodation Control Act,
    1961 holding that the object of the appellant-society was to get the
    building back for expansion of its activities and had proved the same.

E         The High Court, however, in second appeal examined the sanc-
    tioned plan, held that the landlord's claim for eviction was on the
    ground of reconstruction, and the series of shops shown in the plan
    were meant to be let out to. tenants and set aside the order of eviction
    passed by the two courts below. ·

F         Allowing the appeal to this Court,

          HELO: l(i). The order of the High Court is set aside. The orders
    of the Additional District Judge and the Trial Court are restored with
    the modification that in case any part of the building is used for shop or
    let out as shop, the first option should be given to the respondents and
G   that the building must be constructed on the basis of the appended
    sanctioned plan. [517G; El

          l(ii). The High Court fell into error in misconstruing the plan
    Ext. 4 and in holding that the landlord's claim for eviction was on the
    ground of reconstruction. The High Court went on to examine whether
H   s. 12(h) of the Act had been complied with. There was no such necessity

                                       514
                    ARYA SAMAJ v. PINJAMAL IMUKHARJI, J.J                  515

     in view of the facts as found by the two courts below. In any case, in        A
-~   second appeal the High Court should not have interfered with such a
     question of fact. [517B-C]

           2. The case of the landlord-appellant is clearly covered by s.
     12(l)(f) of the Madhya Pradesh Accommodation Control Act, 1961. The           B
     mere fact that the landlord intended to make alterations in tlie house
     either on account of his sweet will or on account of absolute necessity in
     view of the condition of the house, would not affect the question of his
     requiring the house bona fide and reasonably for his occupation, when
     he had proved his need for occupying the house. [516E-F]

          Ramniklal Pitambardas Mehta v. Jnderadaman Amratlal Sheth (              C
     [1964]8SCRp.1,followed.     \-·-                               \


           CIVIL APPELLATE JURISDICTION: Civil Appeal No. 2637
     of 1977
                                                                                   D
          From the Judgment and Order dated 9.11.1976 of the Madhya
     Pradesh High Court in Second Appeal No. 223 of 1976.

           Rameshwar Nath for the Appellants.

           Y.K. Jain for the Respondents.                                          E

           The Judgment of the Cmirt was delivered by


             SABYASACHI MUKHARJI, J. This is an appeal by special leave
     arising from the Judgment and Order of the High Court of Madhya
                                                                                   F
     Pradesh at Jabalpur dated 26th October, 1977. The landlord-appellant
     filed. the eviction suit against the tenant, the predecessor in interest of
     the respondents. The appellant runs a girls' school, being covered by
     one of its objects. It needed additional accommodation for the said
     purpose. The building was also in dilapidated condition. The learned
     trial Judge as well as Appellate Court ordered eviction under section
                                                                                   G
     12 (f) of the Madhya Pradesh Accommodation Control Act, 1961. The
     respondents were in occupation of an old shed as a tenant in thesaid
     house.

           Section 12 (f) of the aforesaid Act gives tb.e landlord the right to
     evict on the grounds, inter alia, as follows:                                 H
     516                    SUPREME COURT REPORTS              [1986) 3 S.C.R.
/\               "that the accommodation let for non-residential purposes is        · ~- •
                 required bonafide by the landlord for the purpose of con-
                 tinuing or starting his business or that any of his major sons
                 or unmarried daughters if he is the owner thereof or of any
                 person for whose benefit the accommodation is held and
13               that the landlord or such person has no other reasonably
                 suitable non-residential accommodation of his own in his
                 occupation in the city or town concerned."

            Section 12 (g) deals with the situation where the building has
     become unsafe or unfit and the landlord wants the premises for carry-           ,,___
c
     ing out repairs. Section 12 (h) on the other hand deals with the case                ...
     where the accommodation is required bonafide by the landlord for the
     purpose of building or re-builaiilgtor making thereto any substantial
     additions or alterations and such additions or alterations cannot be
     carried out without the accommodation in the occupation of tenant
     being vacated. Similar provision in section 3 J (l)(g) under the Bombay
D    Rents, Hotels and Lodging House Rates Control Act, 1947 came up
     for consideration before this Court in Ramniklal Pitambardas Mehta v.
     Inderadaman Amratlal Sheth, [1964] 8 SCR p.1. This Court held that
     the case in question fell under clause (g) which is similar to clause (f) of
     the instant case before us of Madhya Pradesh Accommodation Control
     Act, section 12 (f). This Court further held that the mere fact that the
     landlord intended to make alterations in the house either on account
 E
     of his sweet will or on account of absolute necessity in view of the
     condition of the house, would not affect the question of his requiring
     the house bonafide and reasonably for his occupation, when he had
     proved his need for occupying the house. Nothing further need be
     proved. In this case, the case of the landlord-appellant is clearly
F
     covered by section 12(1)(f). The fact that the building had to be recon-
     structed for the said purpose is irrelevant. The learned trial judge as         ..
     well as the learned appellate court read the sanctioned plan and came
     to the conclusiOJI that the appellant had proved in this case all the need
     for expansion of the building for girls' education which was one of the
     objects of the appellant society. The High Court, in our opinion, mis-
     read the sanctioned plan which is Ext. 4, which according to the High
G    Court showed in front side of the building abutting the road, a series of
     shops are to be constructed. The High Court was of the view that these
     shops were meant to be let out to tenants. We are of the opinion that
      this was a misreading of the plan. These shops were not indicated as
      shops to be reconstructed, but as existing building was to be recon-
     structed for the purpose of school there was no intention of construe-
H
                   ARYA SAMAJ v. PINJAMAL [MUKHARJl,J.[                 517

    tion of shops and let these out. There was no intention of the Iandlord-    A
    appellant to build for the purpose of letting it out. The learned trial
    judge as well as appellate judge held that tl\e object was to get the
    building back for expansion of the activities of the appellant socie.ty.
    The High Court, therefore, in our opinion fell into error in misconstru-
    ing the plan and in holding that the landlord's claim for eviction was on
                                                                                B
    the ground of reconstruction. In that view of the matter the High
    Court went on the examine whether section 12 (h) of the said Act had



,   been complied with. There was no such necessity, in view of the facts
    as found by the two courts below. In any case, in second appeal the
    High Court should not have interfered with such a question of fact.
    This was unwarranted under the facts and circumstances of the case
    and ·on the evidence on record and in view of the decision in Ramnik-
    lal's case (supra).
                                                                                c

          Mr. .Jain appearing for the tenant sought to urge before us that
    the plan indicated that the shops were intended to be reconstructed in
    the new plan. Shri Rameshwar Nath, Counsel for the appellant
                                                                                D
    assured us that it was the intention of the society to reconstruct the
    building for the purpose of running the school. In order to avoid any
    apprehension, though we allow the appeal and restore the order of the
    learned appellate court as well as learned trial court, we make.it clear
•   that in case if any part of the building is used for shops or let out as
    shops, the first option should be given to the respondents. We further
    direct that the building inust be constructed on t!le basis o~ the plan     E
    sanctioned and as appended in the records of this case. In view of the
    fact that the respondents were carrying on business for quite Jong time,
    they should have some time to 'vacate. We direct that the respondents
    should vacate the premises in their occupation by 3 lst December, 1986
    and handover the same to the appellant to enable the appellant to
    proceed with construction. The respondent will file an undertaking on       F
    usual terms within a month from today.

          The order of the High ·Court is set aside. The orders of the
    learned Addi. District Judge and the trial court are restored subject to
    the modifications indicated above. We further direct that after obtain-
    ing the possession of the premises from the respondents, the appellant      G
    should proceed to construct as quickly as possible. In the facts and
    circumstances of the case the parties will pay and bear their own costs.


    A.P.J.                                                 Appeal allowed.