CR/32/2018 of SANTOSH AGGARWAL Vs SWARAN KANTA SOOD(DECEASED) THROUGH HER LRS SH VINAY SOOD on 31 December 2019

1. Civil Revision No. 32 of 2018.

Santosh Aggarwal and another

…..Petitioners/Tenants.Versus

Sawaran Kanta Sood (since deceased) through her legalheir Vinay Sood

..Respondent/Landlord.

2. Civil Revision No. 86 of 2018.

Gainda Mull Hem Raj

…..Petitioner/Tenant.Versus

Sawaran Kanta Sood (since deceased) through her legalheirs

....Respondents/Landlords.

3. Civil Revision No. 183 of 2018.

Ram Pal Budhwar…..Petitioner/Tenant.Versus Sawaran Kanta Sood (since deceased) through her legalheirs...Respondents/Landlords.

Coram:

.The Hon’ble Mr. Justice Sureshwar Thakur, Judge Whether approved for reporting?[1] Yes.

For the Petitioner(s) :Mr. Satyen Vaidya, Sr. Advocatewith Mr. Vivek Sharma,Advocate in C.R. No.32 of 2018.

Mr. Neeraj Gupta, Sr. Advocatewith Ms. Rinki Kashmiri,Advocate in C.R. No. 86 of2018.

Mr. Y.P. Sood, Advocate, in C.R.No. 183 of 2018.

For the Respondent(s): Mr. G.C. Gupta, Senior Advocatewith Ms. Meera Devi, Advocate inall petitions.

Sureshwar Thakur, Judge

Through, Civil Revision Petition No. 32 of 2018, Civil Revision Petition No. 86 of 2018, and, through, Civil Revision Petition No. 183 of 2018, the, aggrieved tenants, 1 Whether reporters of the local papers may be allowed to see the judgment?

in, the, demised premises, respectively, cast, challenges,vis-a-vis, the, concurrent verdicts, as, become, recorded,initially, by, the, learned Rent Controller concerned, upon,the, apposite rent petitions, and, thereafter, upon, the,respectively, constituted thereagainst(s) appeals, hence,before the learned Appellate Authority concerned, (a)wherethrough, the landlord's petition(s), hence, seekingeviction, of, the, tenants concerned, from, the, appositedemised premises, on, the, ground, vis-a-vis, hersrequiring them, for rebuilding, and, reconstructing, the,apposite building, wherein they exist, hence, becameallowed.

2. Since, the landlord, is, the owner, of, the,building, wherein, each, of, the demised premises, as,become leased, to, the, tenants concerned, hence, exist,(a) and, also when common grounds became reared, for,seeking eviction, of, the, tenants, hence, residing, in, the,demised premises concerned, thereupon, hence, all, the, afore civil revision petitions, are, amenable, for, a,common verdict, being, recorded thereons. 3.Even though, in, Rent Petition No. 167/2, of,2016/11, wherefrom, Civil Revision Petition No. 86, of,2018, rather, arises herebefore, hence, besides, the,afore statutory ground, common, vis-a-vis, the, apposite,connected therewith eviction petitions, common statutoryground whereof, became, successfully availed, hence, by,the, landlord, (a) also, a, further ground becameespoused, in, the, apposite rent petition, for, seekingeviction, of, the apposite petitioner, from, the demisedpremises, and, appertains, to, there happening hencechange, of, user, by the petitioner/tenant, in, C.R. No. 86,of, 2018, from, the initial purpose, qua, wherewith, it,became leased, to, him/it, (b) yet, hence, the import, of,the, afore espousal, can also become, adjudged, by, thisCourt, upon, its, proceeding, to, after making a commonverdict, upon, the afore common ground(s), rather, its

thereafter, hence, meteing, an, adjudication, upon, the,afore reared separate espousal, in, the, apposite rentpetition(s), constituted, by, the, landlord concerned, who,as, aforestated, is, the, owner, of, the, building, wherein,all, the, respectively leased demised premises, hence,exist. 4.The common ground, reared, in, the appositerent petitions, by, the landlord, for hers seeking, the,eviction, of, the tenants concerned, from, the respectivelyleased demised premises, qua each, of, them, as,aforestated, (a) is, comprised, in, hers requiring, the,eviction(s), of, the tenants, hence, therefrom(s), for hers,thereafter becoming fully capacitated, and, also hersbecoming efficaciously facilitated, to, rebuild, and,reconstruct, the apposite building, (b) and, whereafter,the, tenants concerned, would also avail the statutoryright, for theirs, upon, the apposite building, wherein,there respectively leased premises exist,rather becoming reconstructed, hence, becoming reinducted therein, on,fresh terms, and, conditions. The afore reared statutoryground, would not, became stained with any stain, of,malafides, unless, cogent evidence becomes adduced, at,the, instance, of, the tenants concerned, and, its making,with, candour, hence, explicit echoings, qua, the landlord,not possessing, any, sufficient financial empowerments,to, reconstruct, the, apposite building. However, theafore purported vitiatory stain(s), for thwarting, the, aforevalid endeavour, of, the, landlord, rather becameenjoined, to be, proven by adduction, of, cogentevidence, yet no cogent evidence, qua, therewith,becomes adduced. (c) The sequel thereof, is, qua thelandlord becoming concluded, to, possess, adequate,and, sufficient financial resources, and, also means, torebuild the apposite building. Furthermore, the aforeendeavour, of, the, landlord, is, also well merited, as, thelatter enjoyed, the, fullest latitude, in, law, to, ensure, qua, hers deriving handsome, and, enhanced pecuniarygains, from, the building, wherein, the demised premisesconcerned, rather exist, (d) and, the afore justifiable, and,vindicable, endeavour, of, the, landlord, rather wouldbecome, untenably baulked, upon, the tenants, in, thedemised premises concerned, and, who at this stage,may not, be attorning rent, to, the, landlord, in monetarysums equivalent, to, the, ones, which she expects to rear,upon, a, new building becoming raised, rather, yetbecoming permitted, to, hence reside therein, (e) besideswhen the salutary, hence, statutory bestowment,invested, upon, the tenants, to, upon, completion, of,reconstruction, of, the apposite building, hence, seek,their re-induction(s) therein, rather, on, fresh terms, and,conditions, is, also naturally, a, sufficient statutoryprotective cover, invested in them, to, ensure theirsbecoming re-inducted, in, the, newly constructeddemised premises. (f) Moreover, given, the, assignable

import, and, also parlance, vis-a-vis, the, statutoryphrase, as, occurring, in, the, apt statutory provisions,inasmuch, as, qua, “on fresh terms, and, conditions”, is,rather, qua, the, statute, hence, making tritecontemplations, qua, upon, reconstruction, of, the,apposite building, the tenants becoming obliged, to,attorn, to, the, landlord, rents, in, sums, higher than theone(s), they hitherto attorned, to, the landlord concerned,(g) given, the, building becoming, re-oriented, rather withmodern amenities, and, facilities, and, as, obviouslywould become inbuilt therein, after, the reconstruction,of, the apposite building, obviously, upon, the respectiveorder(s), of, evictions, from, the respectively leaseddemised premises, to, each, of, the tenants, hence,becoming pronounced. Consequently, hence, the, aforeinbuilt statutory investments, upon, the, tenants, alsoousts them, to, contest, the, afore reared, statutoryground, hence, in, the, apposite eviction petitions.

5. Be that as it may, the learned counsel(s)appearing for the aggrieved tenants, who becomeentailed, with, concurrently pronounced decrees, of,eviction, from, both the learned courts below, all make, a,vehement address before this Court, that, whenevidently, the demised premises, rather, occur, within,the local limits, of, the, jurisdiction, of, the, municipalcorporation, Shimla, (i) and, when, hence, there arises astatutory necessity, for, the landlord, to, prior to hers,proceeding to, reconstruct, the, apposite building, hers,imperatively possessing, hence, validly meted sanctions,vis-a-vis, her building plans, rather by, all, the, authoritiesconcerned, (ii) whereas, the afore peremptory statutoryapprovals, qua, the apposite building plans, remainingunpurveyed, to, her, (iii) thereupon, the, afore rearedground, as, became accepted, by, both the learned courtsbelow, rather becoming stained, with, an, aura ofmalafides, as, the effect of the afore concurrent Be that as it may, the learned counsel(s)

pronouncements, does obviously, become denuded, vis-a-vis, their vigour(s), for, wants, of, the afore peremptorystatutory necessity(ies), rather remaining uncompliedwith, hence, by the landlord. Even though, the aforesubmission, as, addressed before this Court, has, somevigour, as, in, a, verdict, rendered, by, the, Hon'ble ApexCourt, in, a, case, titled, as, Jagat Pal Dhawan vs.Kahan Singh (dead) by LRs, and, others, reportedin Latest HLJ 2003 (SC) 124, in paragraph six thereof,paragraph whereof stands extracted hereinafter, (a) theHon'ble Apex Court, has, though, made an expostulation,of, law, vis-a-vis, though, the afore reared statutoryground, rather not containing, any echoings, vis-a-vis, theafore necessity, becoming enjoined, to be, imperativelycomplied, with, by, the, landlord concerned, (b) yetthereafter it also become(s) expostulated therein, vis-a-vis, depending, upon, facts, and, circumstances, of, everycase, rather, it, being, incumbent, upon, the, courts concerned, to, determine, qua, vis-a-vis, upon, noncompliances, qua the afore statutory necessity, rather,the apposite eviction petition(s), becoming construed, to,become, hence, ingrained, with, an, aura, of, malafides.

“6.Section 14(3)(c) provides inter alia that alandlord may apply to the Controller for an orderdirecting the tenant to put the landlord in possession oftenancy premises in case of any building or rented landbeing required bona fide by him for the purpose ofbuilding or rebuilding which cannot be carried outwithout the building or rented land being vacated. Theprovision does not have as an essential ingredientthereof and as a relevant factor the age and condition ofthe building. The provision also does not lay down thatthe availability of requisite funds and availability ofbuilding plans duly sanctioned by the local authoritymust be proved by the landlord as an ingredient of theprovision or as a condition precedent to his entitlementto eviction of tenant. However still, suffice it to observe,depending on the facts and circumstances of a givencase, the Court may look into such facts as relevant,though not specifically mentioned as ingredient of theground for eviction, for the purpose of determining thebona fides of the landlord. If a building, as proposed,cannot be constructed or, if the landlord does not havemeans for carrying out the construction or reconstruction obviously his requirement would remaina mere wish and would not be bona fide.”

The afore expostulation, of, law, is, grooved, in, thereason, inasmuch, as, if, the afore apposite building, is,not befittingly amenable, to, reconstruction, given therequisite approval(s) remaining unmeted, by, theapposite statutory authorities concerned, thereupon, theafore reared, statutory ground, may become unworkable,vis-a-vis, the landlord concerned.

6. Even though, the afore submission, as, made before this Court, by, the, learned counsel appearing, for,the aggrieved tenants, though, becomes succored, by,the, afore expostulation, of, law, enshrined, in, Jagat PalDhawan's case (supra), yet when, an, exception theretoalso stands therein carved, inasmuch, as, vis-a-vis, (a)the, lacks, of, the, afore statutory necessities, as, becomepronounced therein, to, may be hence enveloping, the,eviction petition, as, becomes reared by the landlord concerned, and, its containing, the, afore statutoryground, rather with an aura, of, malafides, (b) exceptionwhereof, is, grooved, in, the courts concerned, in makingany conclusion, vis-a-vis, hence, the apposite evictionpetition becoming mis-coloured or stained, theirs bearingin mind, all the facts, and, circumstances, appertaining,to, each case. Necessarily only, within, the, ambitsthereof, hence, from, the, hereat evident facts, and,circumstances, hence, the, afore, discernments, are,enjoined, to, become unearthed. Nowat, as, aforestated,since, the afore statutory leverage, as, become(s),bestowed, upon, the landlord, has, become concluded, tobecome, fully available to her, except for the aforeimpediment, (a) thereupon, for ensuring, qua, noimbalances occurring, inter se, the afore reared statutoryground, and, the imperative play thereon(s), of, all, theapplicable statutes, hence, entailing, the necessity, of,the landlord concerned, for, becoming fully facilitated, to,

rebuild, the, apposite building, wherein, the, demisedpremises, are housed, hers becoming, statutorilyenjoined, to, become meted approvals, vis-a-vis, theapposite plans, as, maybe submitted by her, before, the,authorities concerned, (b) hence, this Court deems fit,and, appropriate, that the making, of, a, conditionalorder, of, eviction, against, the tenants, would strike, theadequate balance, inter se, the afore statutory ground,and, the applicable thereon statutory provisions, asenshrined, in, the Municipal Corporation Act, (c) wherein,a, dire categorical statutory necessity becomes cast,upon, the landlord, to, prior, to, hers, proceeding, to,reconstruct, the apposite building, hers, obtaining, the,apposite approvals, from, the apposite authoritiesconcerned, vis-a-vis, hers maybe(s) therebeforesubmitted, hence, apposite building plans. Nonetheless,the only exception thereto, becomes rather comprised,in, the, authorities concerned, declining meteing(s), of, sanctions, vis-a-vis, the apposite building plan(s),whereupon, obviously, the, apposite eviction petition(s)would become stained, with, malafides. In aftermath, a,conditional apt order of eviction, hence, is, deemed tobecome both justifiably, and, vindicably, rather becomepronounced, inasmuch, as, till the landlord places, before,the, learned Rent Controller concerned, the, appositesanction purveyed, vis-a-vis, her rebuilding plans, by theauthorities concerned, (d) rather thereupto, the affirmedhereat concurrent verdicts, of, evictions, as, becamepronounced, against the tenants concerned, rather byboth the learned courts below, rather being unamenable,for, becoming completely enforced, through, warrants, of,possession hence becoming ordered to be issued,against, the demised premises, and, obviously againstthe tenants, who, occupy them. 7.However, the landlord also cannot becomedeprived, of, seeking, determination, of, use, and, occupation charges, qua, the apposite demised premises,until, the, phase rather whereat, the afore conditionalorder, as, becomes pronounced against the tenant(s),hence, becomes completely complied, with, (a) and,whereafter the Rent Controller concerned, becomes fullyempowered, to, for hence ensuring the tenantsconcerned, residing, in, the, apposite demised premisesconcerned, becoming evicted therefrom, to, issue aptwarrant(s), of, possession(s), (b) thereupon, it is alsodeemed fit, and, appropriate, to, order, that, upon, thelandlord instituting, hence, an, appropriate application(s),before, the, Rent Controller concerned, seeking,therethrough, determination(s), of, use, and, occupationcharges, vis-a-vis, the apposite demised premises, ratherfrom, the date of pronouncement, of, eviction orders,against them, and, upto the afore imperative condition,becoming completely complied, with, by, the, landlord, rather, the, Rent Controller concerned, makingadjudication(s) thereon, hence, in accordance with law. 8. In eviction petition No. 167/2 of 2011,wherefrom, Civil Revision Petition 86 of 2018, has, arisenbefore this Court, the landlord in the afore petition, hasapart, from, the, afore common ground, of, eviction, as,becomes reared, in the connected therewith civilrevisions, hence, also reared another ground(s), of,eviction against, the, tenant, and, comprised, in, hischanging the user of the demises premises, from, the,purpose, qua, wherewith, it, became initiallyleased/rented, to, the, petitioner herein.

9. In proof, of, the, afore reared statutory ground,there exist rent receipts, on record, hence,personificatory, vis-a-vis, the, tenant attorning rent, to,the landlord, for, the, use, of, the, demisedpremises,rather, as, a shop, and, also evidence hasbecome adduced by the landlord, hence, exemplificatory,

vis-a-vis, the extantly demised premises, ratherbecoming used, as, a godown, by, the apposite tenant.Even if, the afore manner, of, change, of, user, of, thedemised premises, as, has evidently happened, and,occurred, yet, it would not entail any ill-consequence, of,rather the apposite tenant becoming ordered, to, becomeevicted, from, the, demised premises, (i) as, theconnotation, of, the statutory phrase “change of user”, is,to the considered mind, of, this court, is, qua it ratherhappening, upon, the demised premises, becoming,leased, for, residential purpose, and, thereafter, theirs,becoming used, for, commercial purpose, or vice versa.Since, the afore manner, of, user of the demisedpremises, hence, by, the, apposite tenant, rather, doesnot tantamount, to, absolute change of user, rather,when it capitalizes an inference, vis-a-vis, yet, the,demised premises becoming used, for, commercialpurpose, hence, as, a, godown, for therein, hence, the, apposite material, owned by the apposite tenant,becoming stacked, for, thereafter, it, becoming sold,obviously, for, commercial gains, rendering, hence, userthereof, being construable, to be, also for a commercialpurpose.

9. For the foregoing reasons, there is no merit inthe extant civil revision petitions, hence, all the afore civilrevision petitions, are, dismissed. Accordingly, theconcurrently recorded the orders, of, eviction, areaffirmed, and, maintained. However, it, is, made clearthat, all, the orders of eviction, as, concurrentlypronounced against the petitioners herein, shall besubject, to, the landlord herein obtaining, all, the,requisite sanctions/approvals, of, rebuilding site plans,from, all, the, apposite authorities concerned, and, tillthen the tenants shall not become coercively evictedfrom the demised premises. Further, it is made clear thatthe landlord can claim use, and, occupation charges, vis- a-vis, the demised premises, from the tenants concerned,through, hers making, an apposite motion, before thelearned Rent Controller concerned. Furthermore, upon,apposite rebuilding(s), hence, happening, the statutoryright, of, re-entry(ies), is, also reserved in favour of all thetenants, hence, on fresh terms, and, conditions, of,tenancy(ies). All pending applications also standdisposed of. Records be sent back forthwith.

31[st] December, 2019. (jai)

(Sureshwar Thakur) Judge.