Holding

A single indivisible tenancy cannot be split by a court unless a specific statutory provision authorises such division, rendering partial ejectment impermissible.

Summary

The landlord leased a premises under a single lease deed covering Door No.27, which later acquired an additional number (Door No.28) after a road split the property. The tenant constructed structures on both doors, claimed ownership of the structures, and paid rent only for the land, leading the landlord to sue for ejectment on grounds of rent default and denial of title. The trial court decreed ejectment, which was affirmed on appeal, but the High Court partially set aside the decree, ordering partial ejectment by splitting the tenancy between the two doors. The central issue was whether a court could split a single indivisible tenancy and order partial ejectment in the absence of a statutory provision. Relying on S. Sanyal v. Gian Chand and noting that the Tamil Nadu Building (Lease and Rent Control) Act, 1960 contains no such provision, the Supreme Court held that the tenancy could not be split. Consequently, the appeal was allowed, the High Court's modification was set aside, and the trial court's decree was affirmed, with the tenant permitted to remain in possession until 30 June 2000 upon furnishing an undertaking and paying rent.

Issues considered

Whether a court may split a single indivisible tenancy and order partial ejectment in the absence of a statutory provision under the Tamil Nadu Building (Lease and Rent Control) Act, 1960.

Subjects

single indivisible tenancypartial ejectmentlease deedrent controlTamil Nadu Building (Lease and Rent Control) Act, 1960landlord-tenant disputestatutory interpretation

Judgment

"
HABIBUNNISA BEGUM AND ORS. A
v.
G. DORAIKANNU CHETTIAR (D) BY LRS. AND ORS.

NOVEMBER 17, 1999

[V.N. KHARE AND S.N. PHUKAN, JJ.] B

Tamil Nadu Building (Lease and Rent Control) Act, 1960-Single
Indivisible tenancy-No provision in the Act for splitting the said tenancy-
Effect of-Held, tenancy cannot be split.
c
Appellant-landlord leased out under single indivisible contract of
tenancy some structure on Door No. 27, to the respondent-tenant which was
later assigned separate numbers and the tenant raised constructions on Door
Nos. 27 and 28 in terms of the lease. The tenant claimed to be the owner of
the structure, remitted rent to the landlord only in respect of land which was
refused. Landlord filed a suit for ejectment of the tenant which was decreed D
by the Trial Court and confirmed in appeal. Revision filed by the tenant was
partly allowed by the High Court by modifying the decree by setting aside the
decree of ejectment to the extent of two grounds and 2182 sq. ft at Door No.
27. Against the judgement of the High Court, Landlord has filed the present
appeal and cross-objection has been filed by the tenant E
Allowing the appeal, the Court

HELD: 1. Where there is a single indivisible contract of tenancy, it
cannot be split by a court unless there is statutory provision to that effect It
is not disputed that the contract of tenancy is single indivisible contract for F
Door Nos. 27 and 28. It is also not disputed that there is no provision in the
Tamil Nadu Building (Lease and Rent Control) Act, 1960 empowering the
court to order partial ejectment of a tenant from the premises by splitting the
single indivisible tenancy. For these reasons it was not open to split the tenancy
and order partial ejectment of the tenant from the premises. G
[474-G, H; 475-A, BJ

S. Sanyal v. Gian Chand, [1968) l SCR 536, relied on.

CIVIL APPELLATE JURISDICTION: Civil Appeal No. 12438 of
1996.
473
H
474 SUPREME COURT REPORTS (1999] SUPP. 4 S.C.R

A From the Judgment and Order dated 17 .11.95 of the Madras High Court
in C.R.P. No. 1206of1992.

R.N. Keshwani for the Appellants.

T.L. Vishwanatha Iyer and Mrs. Revathy Raghavan, for the Respondents.
B
The Judgment of the Court was delivered by

V.K. KHARE, J. The appellant before us is the landlord of the premises,
which originally had one municipal number but now numbered as Doors Nos.
27/28, Subedar Hussain Street in the city of Chennai. It is not disputed that
C the landlord leased out the premises by single lease deed along with some
structure on Door No. 27. The said tenancy was single indivisible contract
of tenancy. Subsequently, the tenant in terms of lease deed raised certain
constructions on Door No. 27 and also on Door No. 28. It further appears that
subsequently a portion of the land was acquired for construction of road with
D the result the premises was separated by a road and thus the premises were
assigned separate numbers. It further appears from the record that the tenant
claiming himself to_Qe the owner of the structure remitted rent to the
landlord in respect of the land only, which was refused by the landlord.
Subsequently, the landlord filed a suit for ejectment of the tenant on the
ground of willful default of payment of rent as well as on the ground of
E denial of title. The suit was decreed on both the grounds by the Small Causes
Court .at Madras. The appeal preferred against the said decree was dismissed.
The revision filed by the tenant, was partly allowed by the High Court by
modifying the decree while affirming the findings of Courts below that the
tenant had denied the title of the landlord. Accordingly the High Court
upheld the decree of ejectment up to portion of 608 sq. ft. + 14 7 sq. ft. at Door
F No. 27 but set aside the decree of ejectment to the extent of two grounds and
2182 sq. ft. at Door No. 28. It is against this judgment the landlord is in appeal.
The cross obje<:tion has also been filed by the tenant to the extent decree was
upheld by the High Court.

G The only question that arises in this case is as to whether it was open
to the High Court to split the single tenancy by ordering partial ejectment of
the tenant from the premises let out to him. In S. Sanyal v. Gian Chand, [1968]
I SCR 536, it was held that where a contract of tenancy was a single indivisible
contract and in the absence of any statutory provision to that effect , it is
not open to the Court to split the tenancy. Law, therefore, is that where there
H is a single indivisible contract of tenancy, it cannot be split by a Court unless
HABIBUNNISA BEGUM v. G.D. CHETTIAR [V.N. KHARE, J.] 475
:=o-" there is statutory provision to that effect. In the present case it is not A
disputed that the contract of tenancy is single indivisible contract for Door
Nos. 27 and 28. It is also not disputed that there is no provision in the Tamil
Nadu Building (Lease and Rent Control) Act, 1960 empowering the Court to
order partial ejectment of a tenant from the premises by splitting the single
indivisible tenancy. For these reasons it was not open to the High Court to B
split the tenancy and .ordered for partial ejectrnent of the tenant from the
premises.

In view of the aforesaid legal position of law this appeal succeeds and
is allowed. The judgment of the High Court to the extent it allowed the
revision of the tenant is set aside and the decree of the trial court is affirmed. C
There shall be no order as to costs.

I.A. Nos. 2 and 3.

There is an inordinate delay in filing the cross objection for which there
is neither any satisfactory explanation nor any affidavit in support thereof D
has been filed. We are, therefore, not inclined to condone the delay in filing
the cross objection. The application for condonation of delay is rejected.
Consequently, the cross objection is rejected.

After the judgment was dictated, learned counsel appearing for the
tenant stated that in case the tenant is required to vacate the premises E
immediately, he shall be put to a great hardship and for that reason he may
be allowed some time to vacate the premises. Learned counsel appearing for
the appellant has no objection to the said prayer. We, accordingly, direct that
the respondent-tenant shall not be evicted from the premises in dispute till
30th June, 2000 provided he files a usual undertaking within six weeks and
also continues to pay the rent/damages for the period he continues in F
possession by virtue of our order.
,·
A.K.T. Appeal allowed.
HARIDAS PARSEDIA ETC.