1994 (1) TMI 314 - HC - Indian Laws

Doctor's Nursing Home Not Business under Kerala Rent Control Act; Tenant Must Vacate Premises

The court held that a doctor running a nursing home does not fall under the definition of 'business' within the Second Proviso to Section 11(3) of the ... - Issues Involved:1. Whether a doctor running a nursing home is carrying on 'business' within the meaning of 'trade or business' under the Second Proviso to Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act.2. Entitlement of the tenant to the protection under the Second Proviso to Section 11(3) of the Act.3. Validity of the eviction order passed by the Rent Control Court and confirmed by the Appellate Authority.Detailed Analysis:Issue 1: Definition of 'Business' within the Meaning of 'Trade or Business' under Section 11(3)The core question was whether a doctor running a nursing home constitutes 'business' under the Second Proviso to Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act. The court examined various dictionary definitions and legal interpretations of the term 'business.' It was noted that 'business' is a flexible term encompassing various activities. However, the court emphasized that the term must be interpreted in the context of the legislative intent and the specific language of the Act. The court concluded that the term 'business' in the Second Proviso must be interpreted narrowly, confined to commercial activities like buying and selling, and excluding professional practices like medicine.Issue 2: Entitlement to Protection Under the Second Proviso to Section 11(3)The tenant argued that he was entitled to protection under the Second Proviso as he depended on the income from his nursing home for his livelihood. The court, however, held that the term 'business' when read in conjunction with 'trade' implies a restrictive interpretation, excluding professional practices. The court referred to the Supreme Court's decision in Krishnakumar v. J. & K. State, which held that 'business' used along with 'trade' must take its color from the latter. Thus, the practice of medicine did not fall under 'trade or business' for the purposes of the Act.Issue 3: Validity of the Eviction OrderThe court reviewed the procedural history of the case, noting that the Rent Control Court initially ordered eviction based on arrears of rent and the landlord's bona fide need for the premises. This decision was confirmed by the Appellate Authority. The tenant's subsequent appeals and revisions were unsuccessful in overturning these findings. The court affirmed that the tenant was not entitled to the protection under the Second Proviso to Section 11(3) as he did not carry on 'business' within its meaning. The court also emphasized that the legislative intent behind the Proviso was to protect weaker sections of society engaged in petty trade or business, which did not apply to the tenant.Conclusion:The court dismissed the Civil Revision Petition, confirming the eviction order. The tenant was granted three months to vacate the premises under specific conditions, including filing an affidavit undertaking to vacate, paying any arrears of rent, and not subletting the premises. Failure to comply with these conditions would allow the landlord to evict the tenant immediately.Separate Judgments:There were no separate judgments delivered by the judges in this case. The judgment was a unified decision of the court.