Holding

Section 14(3) creates a five‑year protection for tenants, and once that period has elapsed the bar is removed, so the eviction suit can proceed and the decree of eviction is upheld.

Summary

The landlord (Ravi Khandelwal) filed an eviction suit in 1985 against the tenant (M/s Taluka Stores) for a shop in Jaipur. The suit was dismissed by the trial court in 2002 for violating Section 14(3) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950, which bars eviction suits within five years of letting. On appeal, the first appellate court set aside the dismissal, but the High Court later reversed that decision, raising a preliminary question on the interpretation of Section 14(3). The Supreme Court held that the provision is intended to protect tenants for five years and that once that period elapses, the bar disappears, even if the suit has been pending for decades; the Act was also repealed in 2001, removing any similar restriction. Consequently, the Court allowed the appeal, affirmed the decree of eviction, and ordered the tenant to vacate the premises. The judgment emphasizes purposive statutory interpretation and prevents multiplicity of litigation after an extended pendency.

Issues considered

The correct interpretation of Section 14(3) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 – whether it bars the institution of an eviction suit or only the decision of the suit.
Whether the five‑year bar under Section 14(3) continues to apply after the passage of time beyond five years, especially when the suit has been pending for many years.
The effect of the repeal of the 1950 Act by the Rajasthan Rent Control Act, 2001 on the applicability of the bar.

Legislation cited

Subjects

evictiontenancysection 14(3)Rajasthan Premises Actstatutory interpretationlimitation periodrepeallandlord-tenant disputejustice

Judgment

[2023] 10 S.C.R. 587 : 2023 INSC 615 587

RAVI KHANDELWAL A
v.
M/S. TALUKA STORES
(Civil Appeal No. 4364 of 2023)
JULY 11, 2023 B
[SANJAY KISHAN KAUL AND
AHSANUDDIN AMANULLAH, JJ.]
Rajasthan Premises (Control of Rent and Eviction) Act, 1950
– s.14(3) – Interpretation of – Held: s.14(3) is for the protection of
C
a tenant – The objective is that from the date a tenant acquires a
right, he must have a right to continue in the premises for a period
of five years, subject to fulfillment of the terms and conditions of
the lease – In the present case, while the suit may have been
defectively instituted within five years of the tenancy, more than 38
years have now elapsed since the suit was filed – This passage of D
time beyond the period of five years would wash away the initial
impediment against the suit – To say that the landlord-appellant
should now, once again, restart the proceedings because the initial
period of five years had not elapsed, even as now 38 years have
elapsed, would be a travesty of justice – It would be a mockery of
E
justice to make the parties to go through another round in the second
appeal – Furthermore, the 1950 Act itself was abrogated in the
year 2001, with a new statute i.e. 2001 Act, which does not create
any similar bar – Judgment of High Court set aside – Decree of
eviction passed by the first appellate court, affirmed – Respondent-
tenant to hand over vacant and physical possession of the tenanted F
premises – Rajasthan Rent Control Act, 2001 – Tenancy.
B. Banerjee v. Smt. Anita Pan (1975) 1 SCC 166 :
[1975] 2 SCR 774 – relied on.
Gyan Chand v. Kunjbeharilal & Ors. (1977) 3 SCC
317 : [1977] 2 SCR 324; Martin & Harris Ltd. v. VIth G
Additional Distt. Judge and Ors. (1998) 1 SCC 732 :
[1997] 6 Suppl. SCR 380; Vithalbhai (P) Ltd. v. Union
Bank of India (2005) 4 SCC 315 : [2005] 2 SCR 680;
R. Rajagopal Reddy (Dead) by LRs and Others v.
H
587
588 SUPREME COURT REPORTS [2023] 10 S.C.R.

A Padmini Chandrasekharan (Dead) by LRs (1995) 2
SCC 630 : [1995] 1 SCR 715 – referred to.
Ashok Kumar v. Suresh Chand & Ors. RLW 1996 (1)
Raj. 380; Kahtoon Begum (deceased) through LRs v.
Bhagwan Das & Ors. RLW 2004 (1) Raj. 502; Late
B Mahadev & Ors. v. Babu Lal & Ors. (2006) 4 RDD
1868; Raj.; M/s. Vadhumal Kanhaiyalal & Ors. v.
Hemchand & Ors. WLC (Raj.) UC 2007 (270) –
referred to.
Case Law Reference
C [1977] 2 SCR 324 referred to Para 5
[1975] 2 SCR 774 relied on Para 8
[1997] 6 Suppl. SCR 380 referred to Para 10
[2005] 2 SCR 680 referred to Para 10
D
[1995] 1 SCR 715 referred to Para 11
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 4364
of 2023.
From the Judgment and Order dated 20.04.2020 of the High Court
E of Judicature for Rajasthan at Jaipur in DBCR No. 4 of 2020.
Anuj Bhandari, Mrs. Disha Bhandari, Mrs. Anjali Doshi, Advs.
for the Appellant.
Sushil Kumar Jain, Sr. Adv., Harsh Jain, Umang Mehta, Yogit
Kamat, Ms. Shruti Singh, Ms. Akriti Sharma, Mann Arora, Ms. Pratibha
F Jain, Advs. for the Respondent.
The Judgment of the Court was delivered by
SANJAY KISHAN KAUL, J.
1. Leave granted.
G Procedural History:
2. The respondent is the tenant of a shop situated at Plot E-2,
Kamani Mansion, Paanch Batti, MI Road, Jaipur, with the appellant as
the landlord. The appellant purchased the property from its erstwhile
owner, M/s Jaipur Metal Electric Co., on 30.01.1985. At the time, the
H tenanted premises were already under the tenancy of the respondent.
RAVI KHANDELWAL v. M/S. TALUKA STORES 589
[SANJAY KISHAN KAUL, J.]

3. The appellant filed a suit for eviction on grounds of bona fide A
necessity before the Additional Civil Judge-I, Jaipur, on 21.05.1985. The
suit was dismissed on 30.10.2002, inter alia, on a finding that the plaint
was not laid in accordance with Section 14(3) of the Rajasthan Premises
(Control of Rent and Eviction) Act, 1950 (hereinafter referred to as ‘the
said Act’), which proscribed the filing of a suit for eviction within five
B
years from the date on which the premises were let out to the tenant.
The Trial Court found that the premises were leased only on 08.06.1982
by the predecessor in interest of the appellant.
4. The appellant thereafter succeeded in the first appeal before
the Additional District Judge, Jaipur, in terms of the judgment dated
18.03.2004. This was based on a stated admission of the respondent C
that he had initially leased the shop from one Udai Lal in 1958 and, thus,
the suit could not be said to be hit by the restriction under Section 14(3)
of the said Act. The Court disagreed with the respondent’s claim that
the premises had been leased on 08.06.1982, finding that the original
lease deed dated 08.06.1982 had not even been adduced before the trial D
court.
5. On the second appeal being preferred by the respondent, learned
Single Judge of the High Court framed a preliminary question of
maintainability on 04.10.2018.1 This was on account of what was stated
to be conflicting views on the interpretation of Section 14(3) of the said E
Act by Coordinate Benches of the High Court. Thus, the Single Judge
referred the matter to a Larger Bench. The question of law framed was
as under:
“Whether the limitation of five years specified in Section 14(3)
of the Rajasthan Premises (Control of Rent and Eviction) Act, F
1950 bars the institution of the suit itself or whether it has
only the consideration of the suit and passing of a decree
therein?” (sic).
6. The aforesaid question of law is answered by the impugned
judgment dated 20.04.2020. The Division Bench of the High Court noted G
the divergent views on the interpretation of Section 14(3) of the said
Act. The first view was that Section 14(3) of the said Act created a
1
Although Section 22 of the Act proscribes the filing of a second appeal from a decree,
it does not prohibit second appeals from suits for eviction filed before an ordinary
court of competent jurisdiction. This was elaborated in Gyan Chand v. Kunjbeharilal
& Ors., (1977) 3 SCC 317. H
590 SUPREME COURT REPORTS [2023] 10 S.C.R.

A complete prohibition on filing of a suit within five years of the tenancy.
This was endorsed by the Court in Ashok Kumar v. Suresh Chand &
Ors.2 and Kahtoon Begum (deceased) through LRs v. Bhagwan Das
& Ors.3. The second view reflected in Late Mahadev & Ors. v. Babu
Lal & Ors.4 and M/s. Vadhumal Kanhaiyalal & Ors. v. Hemchand
& Ors.5 was that irregularity of a petition filed within five years of tenancy
B
would get cured by the decree of eviction being made after the expiry of
such period. The Division Bench agreed with the former interpretation,
finding that there was no ambiguity in the language of Section 14(3) of
the said Act, which created a complete bar to the filing of the suit. The
provision is as under:
C “14. Restriction on eviction: -
(3) Notwithstanding anything contained in any law or
contract, no suit for eviction from the premises let out for
commercial or business purposes shall lie against a tenant
on the ground set forth in clause (h) of sub-section (1) of
D section 13 before the expiry of five years from the date the
premises were let out to the tenant.”
Appellant’s Contention before this Court:
7. It is canvassed by the appellant that a literal interpretation of
E Section 14(3) of the said Act would lead to absurdity. Instead, a purposive
interpretation of the rule should be applied. The intent behind Section
14(3) of the said Act is to grant protection to the tenant against eviction
for five years. However, a literal interpretation of the rule in the present
case would amount to granting protection to the respondent after 38
years of filing of the suit in 1985.
F
8. To buttress his case, support was taken from a judgment of this
Court in B. Banerjee v. Smt. Anita Pan6, where a similar clause under
the West Bengal Premises Tenancy Act, 1956 was considered. In the
said case, the clause proscribed the filing of a suit for eviction for three
years from the date on which the landlord acquired an interest in the
G premises. This Court had opined that the spirit of the protection is fulfilled

2
RLW 1996 (1) Raj. 380.
3
RLW 2004 (1) Raj. 502.
4
(2006) 4 RDD 1868 Raj.
5
WLC (Raj.) UC 2007 (270).
6
H (1975) 1 SCC 166.
RAVI KHANDELWAL v. M/S. TALUKA STORES 591
[SANJAY KISHAN KAUL, J.]

with the passage of three years and filing a fresh suit would lead to A
unnecessary multiplicity of litigation. The relevant provision is as under:
“13. (3A) Where a landlord has acquired his interest in the
premises by transfer, no suit for the recovery of possession of
the premises on any of the grounds mentioned in clause (f) or
clause (ff) of sub-section (1) shall be instituted by the landlord B
before the expiration of a period of three years from the date
of his acquisition of such interest:
Provided that a suit for the recovery of possession of
the premises may be instituted on the ground mentioned in
clause (f) of sub-section (1) before the expiration of the said C
period of three years if the Controller, on the application of
the landlord and after giving the tenant an opportunity of
being heard, permits, by order, the institution of the suit on
the ground that the building or re-building, or the additions
or alterations, as the case may be, are necessary to make the
premises safe for human habitation.” D

9. It may be noticed that there is a slight difference in Section
14(3) of the said Act, which uses the term ‘shall lie’ as against the
aforesaid statutory provision where the expression used is ‘shall be
instituted’. Further, the relevant provision in B. Banerjee’s7 case was
introduced by amendment retrospectively. E

10. Appellant contended that ‘shall lie’, which is the expression
used in Section 14(3) of the said Act, implies that the suit would lie
defective for five years and thereafter stand cured. In this regard, the
appellant relied on Martin & Harris Ltd. v. VIth Additional Distt.
Judge and Ors.8, where it was noticed in the context of the U.P. Urban F
Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, that the
bar was only on deciding the suit and not filing it. A suit could thus be
entertained after expiry of three years. In Vithalbhai (P) Ltd. v. Union
Bank of India,9 it was opined that a premature suit does not affect the
jurisdiction of the Court, and the suit can be entertained after maturity, G
particularly if it does not prejudice the other side.

7
(supra).
8
(1998) 1 SCC 732.
9
(2005) 4 SCC 315. H
592 SUPREME COURT REPORTS [2023] 10 S.C.R.

A 11. It was stated that the observations in R. Rajagopal Reddy
(Dead) by LRs and Others v. Padmini Chandrasekharan (Dead) by
LRs10 were not applicable, as the said case dealt with Section 4(1) of
the Benami Transactions (Prohibition) Act, 1988, which provided for an
absolute bar on filing of the suit unlike Section 14(3) of the said Act.
B Respondent’s Contentions before this Court:
12. On behalf of the respondent, it was urged that the word ‘lie’
used in Section 14(3) of the said Act had not been defined. The dictionary
meaning of the expression would be ‘For an action, claim appeal etc.
to subsist; be maintainable or admissible’, as enunciated in R.
C Rajagopal’s11 case. Since the suit itself was not maintainable, no decree
can be passed.
13. It was also urged that if the intention of the legislature was
that the eviction decree can be passed after expiry of five years, then
Section 14(3) of the said Act would have been worded differently.
D 14. The judgment in B. Banerjee’s 12 case was sought to be
distinguished, as it pertained to the constitutional validity of a retrospective
amendment introduced in Section 13(3A) of the West Bengal Premises
Tenancy Act, 1956, and whether the said bar could be applied to pending
litigation.
E Our Consideration:
15. In order to analyze the expression used in Section 14(3) of the
said Act, we think it is appropriate to consider the objective of this
provision. This provision is for the protection of a tenant. The objective
is that from the date a tenant acquires a right, he must have a right to
F continue in the premises for a period of five years, subject to his fulfillment
of the terms and conditions of the lease.
16. When we turn to the facts of the present case, what stares us
in the face is that while the suit may have been defectively instituted
within five years of the tenancy, more than 38 years have now elapsed
G since the suit was filed. We opine that this passage of time beyond the
period of five years would wash away the initial impediment against the
suit. We cannot lose sight of the fact that we stare at a factual scenario
10
1995 (2) SCC 630.
11
(supra).
12
H (supra).
RAVI KHANDELWAL v. M/S. TALUKA STORES 593
[SANJAY KISHAN KAUL, J.]

where the vagaries of litigation have prolonged the suit proceedings for A
a period of 38 years. The plea of the respondent is that the appellant
should be asked to file a fresh suit – perhaps their confidence stems
from the fact that if the tenant has already been able to prolong the
proceedings for 38 years, a similar scenario would again follow. We are
not able to countenance such an interpretation which would defeat the
B
very purpose of creating an initial restriction on the filing of the suit. To
say that the landlord should now, once again, restart the proceedings
because the initial period of five years had not elapsed, even as now 38
years have elapsed, would be a travesty of justice.
17. Whether the expression used is ‘shall lie’ or ‘be entertained’
would really make no difference. The objective is to create an C
impediment in the institution and trial of the suit for a period specified
under the said Act. We are in agreement with the view adopted in B.
Banerjee’s13 case that the spirit of protection is fulfilled with the passage
of the prescribed time period, and the filing of a fresh suit would lead to
unnecessary multiplicity of litigation. No doubt B. Banerjee’s14 case D
dealt with the constitutional validity of a retrospective amendment and
whether the bar could be applied to pending litigation, but that itself would
not dilute its ratio.
18. We are thus of the view that the objective of Section 14(3) of
the said Act, being the safeguarding of the tenant for five years, was E
subserved by the proceedings going on for the requisite period of time
and beyond it within which the tenant could not have been evicted. As
noticed, in fact the proceedings have gone on for 38 years, which itself
is extraordinary.
19. We may also take note of a subsequent development which is F
that the said Act itself has been abrogated in the year 2001, with a new
statute coming into force, i.e. The Rajasthan Rent Control Act, 2001,
which does not create any similar bar.
20. We thus unhesitatingly allow the appeal and set aside the
judgment of the High Court. G
21. In view of the divergence of opinion; a preliminary question of
law had been raised in the second appeal before the High Court. This
has now been answered in favour of the appellant. We are now faced
13
(supra).
14
(supra). H
594 SUPREME COURT REPORTS [2023] 10 S.C.R.

A with the dilemma where the preliminary issue has been answered, and
the matter is required to be remitted to the learned single Judge to be
considered on merits. Conventional approach may require so. However,
we cannot lose sight of the fact that the second appeal is on a question
of law. A preliminary issue was framed which was opined in favour of
the respondent, and this we have now reversed. The first appellate court
B
found in favour of the appellant so far as the bona fide requirement is
concerned. We, thus, see no real question of law arising in the present
case which would be determined in the second appeal were we to remit
the matter back, particularly as the real question relating to the
interpretation of the law has been discussed by us. We also believe that
C so much time having passed, it would be a mockery of justice to make
the parties to go through another round in the second appeal. Thus, we
are of the view that a quietus should be put to this prolonged dispute
spanning 38 years, on something as simple as tenancy issue and as to
when the proceedings commenced. We are also armed with the
extraordinary power under Article 142 of the Constitution of India to do
D
absolute justice inter se the parties.
22. We are thus of the view that the decree of eviction passed by
the first appellate court dated 18.3.2004 should be affirmed and the
respondent be asked to hand over vacant and physical possession of the
tenanted premises on or before 30.09.2023, and to call upon the respondent
E to file an undertaking in order to avail of the benefit for further occupation
till 30.9.2023 within two weeks.
23. The appeal is accordingly allowed leaving the parties to bear
their own costs.

F
Divya Pandey Appeal allowed.
(Assisted by : Roopanshi Virang, LCRA)

G

H