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Issues: (i) Whether a landlord can maintain an application under Section 14A(1) of the Delhi Rent Control Act, 1958 if he is no longer in occupation of the government-allotted accommodation on the date of filing. (ii) Whether such an application is maintainable when, after vacating the allotted accommodation, the landlord has already moved into other premises owned by him. (iii) Whether a landlord in that situation can still invoke Section 14A(1) on the ground that the other owned premises are not reasonably suitable, or must proceed under Section 14(1)(e).
Issue (i): Whether a landlord can maintain an application under Section 14A(1) of the Delhi Rent Control Act, 1958 if he is no longer in occupation of the government-allotted accommodation on the date of filing.
Analysis: Section 14A(1) creates an additional right to recover immediate possession once the landlord is required by a general or special order to vacate government accommodation on account of owning residential premises in Delhi. The provision does not say that the landlord must still be in occupation of the allotted premises on the filing date. Requiring continued occupation would postpone the statutory right contrary to the language and object of the provision.
Conclusion: The application is maintainable on this ground; continued occupation of the allotted accommodation on the filing date is not required.
Issue (ii): Whether such an application is maintainable when, after vacating the allotted accommodation, the landlord has already moved into other premises owned by him.
Analysis: Section 14A(1) is intended to relieve a landlord who must vacate government accommodation because he owns residential accommodation in Delhi. It is not meant to permit a landlord to shift into another owned dwelling house and then evict a tenant from let premises, as that would defeat the policy of rent control and permit profiteering. The proviso to Section 14A(1) also limits a landlord with two or more owned dwelling houses to recovery of possession of only one.
Conclusion: The application is not maintainable if the landlord has already moved into other premises owned by him and available for his residence.
Issue (iii): Whether a landlord in that situation can still invoke Section 14A(1) on the ground that the other owned premises are not reasonably suitable, or must proceed under Section 14(1)(e).
Analysis: Section 14A(1) does not incorporate the condition of absence of other reasonably suitable residential accommodation. That concept belongs to Section 14(1)(e). A landlord who has other owned premises that are not reasonably suitable must seek eviction under Section 14(1)(e), and Section 25C confirms this by relaxing only the special restrictions attached to that remedy. The suitability of the other premises is therefore irrelevant to Section 14A(1).
Conclusion: The landlord cannot maintain an application under Section 14A(1) on that basis and must proceed under Section 14(1)(e).
Final Conclusion: The appeal succeeded, the eviction order and revisional order were set aside, and the tenant's defence prevailed because the landlord's remedy under Section 14A(1) was unavailable once he had already shifted into other owned premises.
Ratio Decidendi: Section 14A(1) grants a special right of immediate eviction only to a landlord compelled to vacate government-allotted accommodation who does not already have other owned residential premises available for occupation; if such other premises exist, the proper remedy lies under Section 14(1)(e).
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