TaxTMI 
TaxTMI 
2002 (7) TMI 755
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....dymade garments business which he is presently running in a rented accommodation situated in Gorakund locality, at a little distance from the building in question. It is alleged that the respondents do not own or possess any other accommodation of their own suitable to satisfy their alleged requirement. These proceedings for eviction were initiated under Chapter III-A of M.P. Accommodation Control Act, 1961 (hereinafter the Act, for short) by filing applications before the Rent Controlling Authority, Indore (RCA, for short). The two appellants contested the claim preferred by the respondents. However, the R.C.A. found the claims for eviction proved and directed the two appellants to be evicted. Both the appellants preferred revision petitions under Section 23-E of the Act before the High Court. The High Court, having dealt with each of the contentions raised on behalf of the revision petitioners, has dismissed the revision petitions upholding the orders of the R.C.A. Feeling aggrieved thereby these appeals have been filed by special leave. Two questions arise for decision in these appeals: firstly, whether looking at the nature of requirement pleaded by the landlord- respondents....
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....destal and given advantage of a summary, quick and expeditious remedy of seeking eviction on the ground of personal requirement. Chapter III-A was hence amended by M.P. Act No. 7 of 1985 w.e.f. 16.1.1985. We are concerned with the provisions of Chapter III-A as amended. Chapter III-A, as it stands now (since 16.1.1985), makes provision for proceedings for eviction of tenants, on the ground of bonafide requirement for residential or non- residential purpose, being initiated in the forum of Rent Controlling Authority only by specified categories of landlords (and not by any landlord generally). Section 12 of the Act, placed in Chapter III dealing with control of eviction of tenants, provides (by relevant part thereof) as under : Sec.12. Restriction on eviction of tenants. (1) Notwithstanding anything to the contrary contained in any other law or contract, no suit shall be filed in any Civil Court against a tenant for his eviction from any accommodation except on one or more of the following grounds only namely:- xxx xxx xxx xxx xxx xxx xxx xxx (e) that the accommodation let for residential purposes is required bona-fide by the landlord for occupation as a residence for hi....
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....e landlord for the purpose of continuing or starting his business or that of any of his major sons or unmarried daughters, if he is the owner thereof or for any person for whose benefit the accommodation is held and that the landlord or such person as no other reasonably suitable non-residential accommodation of his own in his occupation in the city or town concerned: The specified categories of landlords by whom proceedings can be initiated under Chapter III-A are defined in Section 23-J which reads as under:- "Sec.23J. Definition of landlord for the purposes of Chapter III-A. For the purposes of this Chapter "landlord" means a landlord who is (i) a retired servant of any Government including a retired member of Defence Services; or (ii) a retired servant of a company owned or controlled wither by the Central or State Government; or (iii) a widow or a divorced wife; or (iv) physically handicapped person; or (v) a servant of any Government including a member of defence services who, according to his service conditions, is not entitled to Government accommodation on his posting to a place where he owns a house or is entitled to such accommodation only on paym....
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....y point out that the issue as to the constitutional validity of the provisions contained in Chapter III-A of the Act is not before us. The proceedings have originated in the jurisdiction of Rent Controlling Authority where the question of vires could not have been raised and gone into. Before the High Court, during the hearing of revision filed by the appellants, the plea was faintly raised and urged but turned down. In the absence of proper pleadings and the Advocate General of the State having been put on notice, we do not deem it proper to enter into the question of constitutional validity. However, it needs to be noted that the controversy as to the constitutional validity of Chapter III-A on the ground of being violative of Article 14 of the Constitution as conferring benefit of special procedure for eviction of tenant on certain classified landlords and the classification suffering from invidious discrimination is a beaten track. All these questions have been exhaustively gone into by a Division Bench of the High Court of Madhya Pradesh presided over by J.S. Verma, J. (as His Lordship then was) in B. Johnson Vs. C.S. Naidu, AIR 1986 MP 72, and the challenge was turned down. I....
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....d senior counsel for the appellants, though attractive, is liable to be discarded on scrutiny of its merit. We will first note how the issue has been dealt with by the High Court of Madhya Pradesh. In Shivraj Jat Vs. Smt. Asha Lata Yadav and Ors.- 1989 MPJR HC 336, a widow filed an application under Section 23-A of the Act for eviction of the tenant from the leased premises on the ground that the same was bona fide required for the purpose of starting the business of her major son who was also arrayed as a co-plaintiff. One of the pleas raised on behalf of the tenant was that only one of the applicants being a widow a 'landlord' as defined by Section 23-J of the Act, while the other applicant was not such a landlord, the special procedure provided by Section 23-A of the Act was not available to them. It was held by the Division Bench that the provisions of Section 23-A (b) were unambiguous. The legislation enables a "landlord" to seek eviction if the leased premises are bona fide required by the landlord for starting the business of a major son or daughter of the landlord; there can be no logic or justification for denying that relief to the landlord because the major son or dau....
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....ry. But law of Interpretation of Statute does not permit such a course. Consequently the result is that the application made by the widow/non-applicant under S.23-A(a) of the Act for eviction of the tenant/applicant herein on the ground of her bona fide need and that of her married sons who are members of his family is competent and maintainable before the Rent Controlling Authority"(para 17). ".out of several landlords of an accommodation including a widow, an application for eviction of the tenant by the widow alone, on the ground of her own bona fide need or joint need of herself and that of her married sons and their children, who are members of his family would be competent before the Rent Controlling Authority under S.23-A(a) read with S.23-J of the Act" (para 18). We find ourselves in agreement with the view of the law taken by the High Court of M.P. in Shivraj Jat's case (supra) and Harbans Singh's case (supra). An analysis of Section 23-A(b) of the Act shows that an application seeking eviction of tenant thereunder is maintainable if :- (i) the accommodation is let for non-residential purpose; (ii) it is required bona fide by the landlord for the purpose of contin....
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....ty to the proceedings if they do not object to the initiation of proceedings by such landlady, because she is the owner of the property and requires the tenanted accommodation for the purpose of continuing or starting the business of any of her major sons. The major sons though co-owners/co-landlords may not have been joined as party to the proceedings but it would not adversely affect the maintainability of the proceedings. It would also not make any difference if they are also joined as party to the proceedings. Their presence in the proceedings is suggestive of their concurrence with the widow landlady maintaining the proceedings in her own right. The presence of such co-landlords, as co-plaintiffs or co- applicants, as are not classified landlords as defined in Section 23-J of the Act does not alter the nature of claim preferred by the widow landlady and therefore does not take the proceedings out of the scope of Section 23-A (b). Conversely, the major sons or any of them suing alone without joining a widow co-landlord as party to the proceedings may institute a suit before a Civil Court under Section 12 of the Act pleading that the non-residential premises were required bona f....
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....e tenant before the Rent Controlling Authority under Chapter III-A the tenant-defendant may object that the requirement being that of the major sons who are themselves landlord-applicants the claim should have been filed before the Civil Court, as is the plea before us. How such dilemma can be resolved? Both the learned senior counsel for the parties stated that there is no specific statutory provision nor a binding precedent available providing resolution to the problem posed. Procedural law cannot betray the substantive law by submitting to subordination of complexity. Courts equipped with power to interpret law are often posed with queries which may be ultimate. The judicial steps of judge then do stir to solve novel problems by neat innovations. When the statute does not provide the path and precedents abstain to lead, then they are the sound logic, rational reasoning, common sense and urge for public good which play as guides of those who decide. Wrong must not be left unredeemed and right not left unenforced. Forum ought to be revealed when it does not clearly exist or when it is doubted where it exists. When the law procedural or substantive does not debar any two seekers....
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....f respecting immoveable property situate within the jurisdiction of different Courts, the suit may be instituted in any Court within the local limits of whose jurisdiction any portion of the property is situated; provided that, in respect of the value of the subject-matter of the suit, the entire claim is congnisable by such Court. The provision confers right on plaintiff suing on consolidate cause of action to choose one out of several fora available to him and it is his convenience and sweet will which will prevail. The provision is not an answer to the problem posed in the present case; nevertheless the principle underlying thereunder can be read out and pressed in service. In Nrisingha Charan Nandy Choudhry Vs. Rajniti Prasad Singh and Ors. AIR 1936 PC 189, their Lordships referred to Section 17 of the CPC and termed it as the ordinary rule for determining the Court which can take congnizance of a suit for immoveable property situated within the local limits of two or more tribunals. Where cause of action is one against several defendants and they reside in different jurisdictions, the plaintiff may, under Section 20 of CPC file the suit in a court within whose jurisdiction any....
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....im for eviction is filed by a landlord, or a co-landlord, belonging to any one of the five categories defined in Section 23-J of the Act, as the sole applicant without objection by other co-landlords who have not joined as co-applicants and the nature of claim for eviction is covered by Section 23-A(b) of the Act, the proceedings would lie only before the Rent Controlling Authority; (ii) where a claim for eviction is filed by a landlord or by such a co- landlord who does not belong to any of the categories defined by Section 23-J and the other co-landlord/landlady falling in one of the categories defined in Section 23-J is not joined as co-plaintiff the claim shall have to be filed only by way of a suit instituted in a Civil Court; (iii) if the proceedings are initiated by such co-owner landlords, one or more of whom belong to Section 23-J category while some others are those not falling within the definition of 'landlord' under Section 23-J and the requirement pleaded provides a cause of action collectively to all the landlords arrayed as plaintiffs or applicants, the choice of forum lies with the landlords. They may file an application before R.C.A. under Chapter III-A or may ....
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.... sold as readymade garments in the shop of respondent no.3. To amount to an alternate non-residential accommodation so as to defeat the requirement of the landlord for the suit premises, it should be reasonably suitable non-residential accommodation. It should be suitable in all respects as the suit accommodation is. In Shiv Sarup Gupta Vs. Dr. Mahesh Chand Gupta (1999) 6 SCC 222 this Court has held that an alternative accommodation, to entail denial of the claim of the landlord, must be reasonably suitable, obviously in comparison with the suit accommodation wherefrom the landlord is seeking eviction. The availability of another accommodation, suitable and convenient in all respects as the suit accommodation, may have an adverse bearing on the finding as to bona fides of the landlord if he unreasonably refuses to occupy the available premises to satisfy his alleged need. The bona fides of the need of the landlord for the premises or additional premises have to be determined by the Court by applying objective standards and once the Court is satisfied of such bona fides then in the matter of choosing out of more accommodations than one available to the landlord, his subjective choic....