Full Judgment Text
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PETITIONER:
D.K. SONI
Vs.
RESPONDENT:
P.K. MUKERJEE AND ORS.
DATE OF JUDGMENT27/10/1987
BENCH:
MUKHARJI, SABYASACHI (J)
BENCH:
MUKHARJI, SABYASACHI (J)
OZA, G.L. (J)
CITATION:
1988 AIR 30 1988 SCR (1) 617
1988 SCC (1) 29 JT 1987 (4) 225
1987 SCALE (2)887
CITATOR INFO :
R 1988 SC 94 (6)
ACT:
Landlord-Tenant matter-order of eviction of the tenant
on grounds of personal need of the landlord challenged-
Provisions of U. P. Act No. 3 of 1947 (Temporary Control of
Rent and Eviction Act) and the U.P. Urban Buildings
(Regulation of Letting, Rent and Eviction) Act, 1972-
Proceedings thereunder.
HEADNOTE:
%
Respondent No. 1, Shri P.K. Mukerjee, filed an
application under the U.P. Act No. 3 of 1947 (Temporary
Control of Rent and Eviction Act) (OLD Act), seeking
permission to file a suit for eviction of his tenant,
Harbans Lal Soni, the father of the appellant, D.K. Soni, on
the grounds of his bona fide requirement for his personal
need. The Rent Control and Eviction officer rejected the
application, holding that the respondent’s requirement was
not bona fide. A revision was filed by the respondent No. 1
before the Commissioner who allowed the same.
The U.P. Urban Buildings (Regulation of Letting, Rent
and Eviction) Act, 1972 (new Act) came into effect on July
15, 1972. On August 2, 1972, the State Government rejected
the representation of the tenant (father of the appellant)
filed under section 7 of the old Act against the order of
the Commissioner aforementioned. The tenant then moved a
writ petition in the High Court. A Single Judge of the High
Court allowed the petition and set aside the abovesaid
orders of the Commissioner and the State Government. Upon an
appeal being filed by the respondent (No. 1) against the
order of the Single Judge, a Division Bench of the High
Court allowed the same, setting aside the order of the
Single Judge and upholding the above-said orders of the
commissioner and the State Government, allowing the eviction
of the tenant.
In September, 1978, the respondent No. 1 moved an
application under section 21, read with section 43(2)(rr) of
the new Act. Thereafter, the respondent executed an
agreement as vendor to sell the permises in dispute in
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favour of the vendee, the wife of the appellant, Smt. Madhu
Soni-daughter-in-law of the tenant, Harbans Lal. The
agreement was dated November 7, 1978, and it mentioned
therein that the landlord, respondent No. 1 had filed an
application against the tenant above-
617
named. The father-in-law of the vendee-for permission to
file a suit for eviction of the tenant from the premises in
dispute on account of the respondent’s personal need, and
that the permission had been granted. The agreement recited
that a vacant portion of the land of the disputed premises,
would be in the exclusive possession of the vendor and the
rest of the property-the disputed premises would be sold to
the vendee, Smt. Madhu Soni. The agreement stipulated that
the vendee or the other members of the family had no right
over the portion of the land to be kept with the vendor, and
that the appellant had given up his tenancy rights in
respect of the same, and also that premises would be built
on the said vacant land with the money to be obtained by
selling the disputed house to Smt. Madhu Soni. The price of
the house was settled at Rs.1,00,000 out of which a sum of
Rs.5000 was paid as earnest money, and it was stipulated
that the rest of the amount would be paid at the time of
registration. It was agreed that the parties would move the
authorities for permission to transfer as early as possible
and the saledeed would be executed within one month of the
grant of permission and notice to the vendee. It was stated
that if the vendee failed to get the sale-deed executed
within the time stipulated, the earnest money of Rs.5000
would be forfeited and the property would stand released in
favour of the vendor. It was also stipulated that the need
of the vendor for the premises subsisted and the agreement
had been entered into to enable the vendor to get money out
of the sale to construct a house for himself on the vacant
piece of land. On December 12, 1978, the father of the
appellant, who was the tenant, died, leaving behind a widow,
two sons, including the appellant, and a daughter. On
December 22, 1978, the appellant informed the Prescribed
Authority before whom the application under section 21(1)(a)
of the New Act, read with section 43(2)(rr), was pending,
about the death of the tenant, Shri Harbans Lal Soni.
On March 23, 1979, the respondent No. 1 filed an
application (in Case No. 53 of 1978) for substitution of the
legal heirs of the deceased tenant, along with an
application under section 5 of the Limitation Act. The
Prescribed Authority rejected the application for
substitution on grounds of delay. On December 11, 1979, the
respondent No. 1 moved a second application under section
21(1)(a), read with section 43(2)(rr) of the new Act (on the
ground as in his earlier application), which was registered
as Case No. 68 of 1979.
On March 12, 1981, the respondent No. 1 executed two
separate agreements for sale of the property in dispute, in
favour of R.P. Kanodia and P.K. Kanodia, respectively.
618
The Prescribed Authority decided the Case No. 68 of
1979 abovementioned on July 7, 1981, directing the tenant to
be evicted from the premises in dispute. The Additional
District Judge dismissed the appeal against the order of
eviction passed by the Prescribed Authority.
On March 11, 1983, the appellant’s wife, Smt. Madhu
Soni filed a suit for injunction, restraining the respondent
No. 1 from dispossessing her from the premises in dispute on
the strength of the registered agreement, asserting that she
resided in the premises in part performance of the agreement
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under section 53A of the Transfer of Property Act. The trial
Court dismissed the suit. The High Court was then moved for
relief by a writ petition against the orders of the
Prescribed Authority for eviction and the order of the
Additional District Judge. The writ petition was dismissed,
followed by the dismissal of a Review Petition too.
Aggrieved thereby the appellant has appealed to this Court
by special leave.
Dismissing the appeal, the Court,
^
HELD: The questions involved in the appeal are:
Firstly, in view of the provisions of section 43(2)(rr), was
the High Court right in its decision, in the facts and
circumstances of the case, specially the factum of the death
of the (original) tenant being alleged, and in view of the
fact that the execution of the order for eviction had become
final before the new Act came into operation? Secondly, how
far do the subsequent events, namely, the agreements by the
respondent No. 1 with the wife of one of the sons of the
tenant and with the Kanodias to sell the property in
dispute, demolish or destroy the case of a bona fide need of
the landlord? [622G-H; 623A]
In substance, the need was there of the landlord for
his occupation of his premises as he wanted to reside in his
house after his retirement from Government service, and for
this purpose he had sought eviction and obtained the order
of eviction prior to the coming into operation of the new
Act. The object of the landlord was not defeated by the
provisions of the New Act. [626G-H]
Considering the subsequent events, namely, the refusal
of permission by the Urban Ceiling Authorities, the
escalation of building cost (upto 1987), failure on the part
of the vendee to register and execute the document, it is
not possible to hold that the subsequent events have so
materially altered the position as to defeat the original
order for possession passed in favour of the landlord. The
subsequent events do not in
619
any way affect the existence of the need of the landlord for
possession of premises in question. [627C-E]
There was no failure on the part of the landlord to
take steps for the substitution. Nothing was proved before
the Court that the agreements with R.P. Kanodia and P.K.
Kanodia were valid today or given effect to in view of the
provision of the Land ceiling Act. It was not proved to the
satisfaction of the authorities below that any agreement to
sell the premises to Kanodias had been given effect to and
acted upon and in that view of the matter, the need of the
landlord indubitably succeeds, and any allegations made do
not merit any revision of the order which had become final.
Finality of the judicial decisions is one of the essential
ingredients upon which the administration of justice must
rest. In that view of the matter, even if the contentions
advanced on behalf of the respondents are taken into
consideration and a new look is taken because of the
subsequent events, which cannot be done in view of the
specific provisions in clause (rr) of section 43(2) of the
new Act, the appellant has no case. The High Court was right
in not interfering with the order of the Prescribed
Authority. Finality of the decisions of the authorities
under the Act has to be given due reverence and place in the
judicial administration. [629A-C]
The appeal fails. As the appellant had been staying in
the premises for quite some time, time till April 30, 1988
granted to him to deliver vacant possession of the house to
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the landlord, subject to his filing usual undertaking within
four weeks. [629E-F]
Pasupuleti Venkateswarlu v. The motor and general
Traders, [1975] 3 SCR 958; Pattersion v. State of Alabama,
294 U.S. 600 at 607; Ramji Dayawala and Sons(P) Ltd. v.
Invest Import, [1981] 1 SCR 899; Hasmat Rai and Anr. v.
Raghunath Prasad, [1981] 3 SCR 605; Syed Asadullah Kazmi v.
The Addl. District Judge, Allahabad and Ors., [1982] 1 SCR
77; Sher Singh and Ors. v. The State of Punjab, [1983] 2 SCR
582; Bansilal Sahu v. The Prescribed Authority and Anr,
[1980] All L.J. 331; Smt. Sarju Devi v. Prescribed
Authority, Kanpur, [1977] All L.J. 251 and Tara Chand
Khandelwal v. Prescribed Authority, Agra, [1976] All L.J.
708, referred to. G
JUDGMENT:
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 6626 of
1983.
From the Judgment and order dated 18.5.1983 of the
Allahabad High Court in C.M.W.P. No. 13741 of 1982. H
620
S.N. Kacker and R.B. Mehrotra for the Appellant.
B.D. Agarwala and Miss Asha Rani for the Respondents.
The Judgment of the Court was delivered by
SABYASACHI MUKHARJI, J. This is an appeal by the tenant
against an order upholding the order of eviction. The ground
of eviction was on the landlord’s bona fide need and
requirement. The appeal arises out of the judgment and order
of the High Court of Allahabad dated 18th of May, 1983 and
also against the order dated 23rd of May, 1983 dismissing a
review application by the said High Court. Shri P.K.
Mukerjee, respondent No. 1 herein had filed an application
under section 3 of the U.P. Act No. 3 of 1947 (Temporary
Control of Rent and Eviction Act), hereinafter referred to
as the old Act, seeking permission to file the suit for
eviction of the tenant, the father of the appellant herein,
on the ground that accommodation in dispute was bona fide
required by the landlord for his personal need. In
September, 1971 the Rent Control and Eviction officer
rejected the application of the landlord and held that his
requirement was not bona fide. On 12th of November, 1971 the
Commissioner allowed the revision filed by respondent No. 1
against the order of the Rent Control and Eviction officer
dated 5th of September, 1971. It may be mentioned that on
15th of July, 1972 the U.P. Urban Buildings (Regulation of
Letting, Rent and Eviction) Act, 1972 hereinafter referred
to as the new Act came into effect. On 2nd of August, 1972
the State Government rejected the representation of the
tenant namely, the father of the appellant filed under
section 7 of the old Act against the order of the
Commissioner dated 2nd of November, 1971. On or about 7th of
February, 1975 the learned Single Judge of the High Court of
Allahabad allowed the writ petition of the tenant and set
aside the orders of the Commissioner and the State
Government hereinbefore mentioned. On 3rd of August, 1978 a
Division Bench of the High Court of Allahabad allowed the
appeal of respondent No. 1 and set aside the judgment of the
learned Single Judge of the High Court dated 7th of
February, 1975 and upheld the orders of the Commissioner and
the State Government allowing the eviction of the tenant. In
September, 1978 respondent No. 1 moved an application under
section 21 read with section 43(2)(rr) of the new Act.
Thereafter it is alleged that respondent No. 1 had executed
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an agreement to sell the disputed premises in favour of the
appellant’s wife namely, Smt. Madhu Soni. It is material to
refer to the said agreement in brief. The agreement is dated
as mentioned hereinbefore 7th of November, 1978
621
and was entered into between Shri P.K. Mukerjee, the
landlord and Smt. Madhu Soni wife of Shri D.K. Soni (son of
Shri Harbans Lal Soni) the then tenant. It was stated that
the landlord had filed an application against Shri H.L. Soni
the father-in-law of vendee for permission to file a suit
for eviction against him on account of his personal need for
the aforesaid premises and permission had been granted. It
also recited that a portion of the said land which was
demarcated in the site plan measuring about 121’ x 101.5’ of
the vendor which would be for the construction of a house
would be in exclusive possession of the vendor and the rest
of the property at 8, Panna Lal Road, Allahabad being the
disputed premises would be sold to Smt. Soni. It also
recited that the vendee or his family members would have no
right of whatsoever nature and the vendee, that is to say,
the appellant had given up his tenancy right in respect of
the same, that is to say, the portion to be kept with the
vendor and the premises will be built on the vacant land
with the money that would be obtained by selling the
property to Smt. Madhu Soni. The property was sold for Rs.
1,00,000 out of which Rs.5,000 was paid as earnest money and
it was stipulated that the rest of the money would be paid
at the time of the registration. It was further agreed that
the parties would move the proper authorities as early as
possible for permission to transfer and the sale deed would
be executed within one month of the grant of the permission
and notice to the vendee. It was further stated that if the
vendee failed to get the sale deed executed after one month
from the date of permission and notice to the vendee by the
vendor, the earnest money of Rs.5,000 would be forfeited and
the right of the vendor would be as it subsisted prior to
the agreement. It was further provided that in the event of
non-execution of the sale deed on account of any act or
failure on the part of the vendee in pursuance of the
agreement to sell, the property would stand released in
favour of the vendor and the earnest money of Rs.5,000 would
be forfeited. It was clearly stipulated that the need of the
vendor for the premises still subsisted and this agreement
was being entered into since it would be possible for the
vendor to construct a house for himself on the land not
agreed to be transferred measuring 121’ x 101.5 ’ . On that
basis the parties had signed agreement on 7th November,
1978.
On 12th of December, 1978 the father of the present
appellant Shri H.L. Soni who was the original tenant died
leaving behind his widow and two sons including the
appellant and one daughter. It was alleged that on 18th of
December, 1978 respondent No. l sent a letter of condolence
to the appellant on the death of appellant’s father. On
622
22nd of December, 1978 appellant informed the Prescribed
Authority before whom the application under section 2
1(1)(a) of the new Act red with section 43(2)(rr) was
pending about the death of Shri H.L Soni. On 23rd of March,
1979 respondent No. 1 moved an application for substitution
in Case No. 53 of 1978 for bringing on record the heirs of
deceased Shri H.L. Soni along with application under section
5 of the Limitation Act. On 10th of November, 1979, the
Prescribed Authority rejected the petitioners application
for substitution and held that respondent No. 1 had full
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knowledge of the death of Shri H.L. Soni and he did not move
the application within time. On 11th of December, 1979
respondent No. 1 moved a second application under section 2
1(1)(a) read with section 43(2)(rr) of the new Act on the
same ground on which the first application was moved. The
second application was registered as Case No. 68 of 1979. It
is alleged further that on 12th of March, 1981 respondent
No. 1 executed two separate agreements to sell the property
in dispute in favour of R.P. Kanodia and P.K. Kanodia
respectively. The Prescribed Authority on 7th of July, 198 1
held that the second application under section 2 1(1)(a)
read with section 43(2)(rr) of the new Act being Case No. 68
of 1979 was within time and directed the tenant to be
evicted from the premises in dispute. The Additional
District Judge, Allahabad on 25th of October, 1982 dismissed
the appeal of the tenant filed against the order of the
Prescribed Authority dated 7th of July, 1981. On 11th of
March, 1983 the appellant’s wife Smt. Madhu Soni filed a
suit for injunction restraining Respondent No. 1 from
dispossessing her from the premises in dispute on the
strength of registered agreement and she asserted that she
resided in the accommodation as a result of part performance
under section 53A of the Transfer of Property Act, 1882.
Initially injunction was granted ex parte by the Trial Court
and thereafter it was vacated after hearing respondent No.
1. Aggrieved thereby an appeal } was filed by Smt. Madhu
Soni in which the High Court had stayed dispossession. The
High Court thereafter dismissed the writ petition of the
tenant against the orders of the Prescribed Authority for
eviction and the order of the Additional District Judge. A
review petition was filed by the appellant and the same was
dismissed. This appeal by special leave is against that
decision of the High Court dated 18th of May, 1983
Behind this long tale of dates the questions involved
in this appeal are short, namely, firstly in view of the
provisions of section 43(2)(rr) was the High Court right, in
the facts and circumstances of the case specially the death
of original tenant being alleged, and in view of the fact
that the execution of the order passed for eviction had
623
become final before coming into operation of the new Act the
order was proper and secondly, how far the subsequent
events, namely, the A agreement with the wife of one of the
sons of the original tenant to purchase property as well as
the agreement with the Kanodias mentioned hereinbefore
demolish or destroy the case of a bona fide need of the
landlord. In other words are these not sufficient subsequent
events which destroy the landlord’s bona fide need and as
such should be taken note of by the appropriate courts in
ordering eviction. In this appeal, therefore, we have to
keep in mind two aspects of law namely, the finality of the
decisions and secondly, how far and to what extent
subsequent events should be taken note of in order to do
justice between the parties.
Before we refer to the judgment of the High Court and
the submissions made before us, it is necessary for us to
bear in mind certain decisions of this Court on these
aspects on which reliance was placed. This Court in
Pasupuleti Venkateswarlu v. The Motor & General Traders,
[1975] 3 S.C.R. 958 dealing with the Andhra Pradesh
Buildings (Lease, Rent and Eviction) Control Act, 1960,
dealt with the question as to how far the subsequent events
can be taken note of. This Court held that for making the
right or remedy, claimed by a party justly and meaningfully
as also legally and factually in accordance with the current
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realities, the court can, and in many cases must, take
cautious cognizance of events and developments subsequent to
the institution of the proceeding provided the rules of
fairness to both sides are scrupulously obeyed. In the facts
of that case, this Court said that the High Court was right
in taking into consideration the facts which came into being
subsequent to the commencement of the proceedings. Therefore
the fact that in determining what justice required the Court
was bound to consider any change, either in fact or in law,
which had supervened since the judgment was given. F
This general principle and proposition of law was of
ancient vintage. See the observations of the U.S. Supreme
Court in Pattersion v. State of Alabama, (294 U.S. 600 at
page 607). The actual facts, however, of this case were
entirely different, and so it was not necessary to refer to
those facts. In Ramji Dayawala & Sons (P) Ltd. v. Invest
Import, [1981] 1 S.C.R. 899, this principle was again
reiterated entirely under different context. This Court also
reiterated the same principle in Hasmat Rai and another v.
Raghunath Prasad, [1981] 3 S.C.R. 605 where referring to
Pasupuleti Venkateswarlu v. The Motor and General Traders
(supra), this Court held that when an action was brought by
the landlord under Rent Restriction Act for eviction on the
H
624
ground of personal requirement, his need must not only be
shown to A exist at the date of the suit, but must exist on
the date of appellate decree, or the date when a higher
court dealt with the matter. It was emphasised by this Court
that if during the progress and passage of proceeding from
court to court subsequent events had occurred which if
noticed would non-suit the plaintiff, the court had to
examine and evaluate the same and mould the decree
accordingly. The tenant was entitled to show that the need
or requirement no more existed by pointing out such
subsequent events, to the court including the appellate
court. Otherwise the landlord would derive an unfair
advantage, and it would be against the spirit or intendment
of Rent Restriction Act which was enacted to fetter the
unfettered right of re-entry. In such a situation, it was
reiterated that, it would be incorrect to say that as the
decree or order for eviction was passed against the tenant
he could not invite the court to take into consideration
subsequent events. But the tenant could be precluded from so
contending when decree or order for eviction had become
final. (Emphasis supplied-see the observations of Desai, J.
at page 617(G.H) of the report). In Syed Asadullah Kazmi v.
The Addl. District Judge, Allahabad and others, [1982] 1
S.C.R. 77, this Court was concerned with a residence at
Allahabad. It was held by this Court that the order dated
25th March, 1977 of the appellate authority releasing a
portion of the premises in favour of the third respondent
therein and leaving the remaining portion in the tenancy of
the appellant therein acquired finality when the proceedings
taken against it by the appellant had failed. The Prescribed
Authority was bound to give effect to that final order and
was not acting outside its jurisdiction or contrary to law
where he ordered eviction. This Court reiterated that it was
true that subsequent events had to be taken into account by
a statutory authority or court when considering proceeding
arising out of a landlord’s petition for ejectment of a
tenant on the ground of the landlord’s personal need. But in
that case the order for release of a portion of the
accommodation had acquired finality before the death of the
landlord and the controversy concluded by it could not be
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reopened thereafter. This Court further reiterated that
inasmuch as the question which arose before the Prescribed
Authority on the application of the appellant after the
proceedings for release had acquired finality, it was not
open even for this Court to reopen the proceeding for
release. Not quite relevant to the present controversy,
there is, however, just an observation in Sher Singh & Ors.
v. The State of Punjab, [1983] 2 S.C.R. 582. It was a
decision dealing with Article 21 of the Constitution. There
is an observation that traditionally, subsequent events had
to be taken into account in the area of civil law. It is
necessary, however, to refer to a
625
decision of the special bench of the Allahabad high Court in
Bansilal Sahu v. The Prescribed Authority and another, [
19801 ALL. L.J. 331 which arose under the new Act. It was
held therein that the question whether the eviction of the
tenant had to be ordered from any specified part of the
building under tenancy was not within the jurisdiction of
the Prescribed Authority, while acting under clause (rr) of
section 43(2), irrespective of the occurrence of subsequent
events which might make it improper to order the eviction
from the entire building or which might tend to establish
that the need set up by the landlord could be satisfied by
ordering eviction of the tenant from a specified part of the
building under tenancy. It was held that subsequent events
or facts could not be considered so as to defeat the final
order and the Prescribed Authority was bound to order
eviction. The Special Bench of the Allahabad High Court
overruled another Bench decision of the Allahabad High Court
in the case of Smt. Sarju Devi v. Prescribed Authority,
Kanpur, [19771 All. L.J. 251 and accepted the proposition
laid down in Tara Chand Khandelwal v. Prescribed Authority,
Agra, [1976] All L.J. 708. Satish Chandra, C.J. speaking for
the Allahabad High Court observed that the opening clause of
this provision entitled the Prescribed Authority to find out
whether permission under section 3 of the old Act had been
obtained on any ground specified in subsection (1) or sub-
section (2) of section 21 of the present Act and that the
same had become final. It was, therefore, according to the
Chief Justice, the beginning as well as the end of his
jurisdiction to record findings. If the conclusion was in
the affirmative the Prescribed Authority had no discretion
but to order the eviction of the tenant from the building
under tenancy. It was further held that the jurisdiction of
the Prescribed Authority was to order the eviction of the
tenant from the building under tenancy. It had not expressly
been conferred any power to order eviction from a portion or
part of the building under tenancy. It was further held that
the jurisdiction of the Prescribed Authority while deciding
an application under section 2 1 of the present Act could
not be equated with the jurisdiction which had been
conferred for giving effect to the permission granted under
section 3 of the old Act. The two situations were different.
Clause (rr) of section 43(2) of the present Act specifically
prohibited the Prescribed Authority from satisfying itself
afresh that the grounds existed. We are of the opinion that
this is the correct state of law and if that is the position
the so-called subsequent events are not germane to the
question to be decided by the High Court.
In the aforesaid light, in our opinion, in the facts of
this case the High Court was right.
626
It may be mentioned that clause (rr) of section 43(2)
of the new Act provides as follows:
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"where any permission referred to in Section 3 of
the old Act has been obtained on any ground
specified in sub section (1) or sub-section (2) of
section 21 and has become final, either before the
commencement of this Act or in accordance with the
provisions of this sub-section after the
commencement of this Act (whether or not a suit
for the eviction of the tenant has been
instituted), the landlord may apply to the
prescribed authority for his eviction under
section 21, and thereupon the prescribed authority
shall order the eviction of the tenant from the
building under tenancy, and it shall not be
necessary for prescribed authority to satisfy
itself afresh as to the existence of any ground as
aforesaid, and such order shall be final and shall
not be open to appeal under section 22:
Provided that no application under this clause
shall be maintainable on the basis of a permission
granted under section 3 of the old Act, where such
permission became final more than three years
before the commencement of this Act:
Provided further that in computing the period of
three years, the time during which the applicant
has been prosecuting with due diligence any civil
proceeding whether in a court of first instance or
appeal or revision shall be excluded"
All these aspects were considered by the High Court. We
recognise that unless the statute expressly prohibits as it
did in the instant case, by the aforesaid clause, cautious
recognition of subsequent events to mould the relief should
be taken note of. In the instant case in substance the need
was there of the landlord for his occupation of his own
premises. The landlord was a Government servant and wanted
to reside in Allahabad and for this purpose he sought
eviction and had obtained an order of eviction prior to
coming into operation of the new Act. The hope of the
landlord to come back to his origin was not defeated by the
provisions of the new Act. In vain he moved from court to
court and in the meantime there has been escalation of
prices and restrictions on alienation of land and in order
to save himself from this situation the landlord tried to
sell part of the premises in question
627
subsequent to the decree to the wife of one of the sons of
the tenant. This is not material. The agreement in question
further stipulated that the present need of the landlord
subsisted, and out of this agreement only Rs.5,000 was
advanced in 1978 and nothing was paid thereafter. The
agreement for sale to Smt. Madhu Soni reads as follows:
"That it is made clear that the need of the vendor
for the premises still subsists and this agreement
is being entered into since it will be possible
for the vendor to construct a house for himself on
the land not agreed to be transferred measuring
121’ x 101.5’. The parties, therefore, have signed
this Deed on the 7th day of November, 1978
In view of the subsequent events, namely, non-permission of
the Urban Ceiling Authorities, failure to register and
execute the document, delay for permission on the part of
the vendee and the escalation of prices, that is to say, if
in 1979 perhaps it was possible to build some kind of
accommodation with the amount of sale price to be obtained
from the execution of the document which it is not possible
in 1987 and further there is no readiness or willingness on
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the part of the vendee to execute the document, after the
existence of the basic need of the landlord, for which
originally the proceedings were taken and finalised, we do
not find it possible to hold that subsequent events have so
materially altered as to defeat the original order for
possession passed in favour of the respondents.
We do not find perusing the records that there was any
failure for substitution on the part of the landlord to take
steps. The other son of the deceased was not residing with
the deceased in the premises in question, therefore, there
was no need to substitute him.
The other agreements to which reference had been made
was the alleged agreement with R.P. Kanodia and P.K. Kanodia
respectively. Nothing was proved before us that agreement is
valid today or given effect to in view of the provisions of
the Land Ceiling Act.
It may be mentioned that the Competent Authority under
the Urban Land (Ceiling & Regulation) Act, 1976 by the order
dated 20th of April, 1979 refused permission to sell in
favour of Smt. Madhu Soni. On 7th November, 1978 the wife of
the appellant and the landlord had entered into an agreement
to sell a portion of the land as well as the house in
dispute to the appellant’s wife, and for that purpose a sum
of
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Rs.5,000 had been paid as earnest money as mentioned
hereinbefore, A and in the agreement, it was clearly stated
that the parties would move the proper authorities as early
as possible for permission to transfer the property and the
sale deed would be executed within one month of the grant of
such permission and notice to the vendee. Clause 6 of the
agreement further stipulated that if the vendee failed to
get the agreement executed after one month from the date of
permission and notice to the vendee the earnest money of
Rs.5,000 would be forfeited and the right of the vendor will
be as it subsisted prior to the agreement. The requisite
permission in terms of the agreement was obtained by the
landlord in the year 1979 and a registered notice
consequently was also sent to the appellant’s wife requiring
her to get the sale deed executed in accordance with the
agreement. Thereafter a reply dated 2 1st September, 1979
was also received by the landlord. However, the appellant’s
wife failed to get the sale deed executed and consequently
the agreement itself became infructuous and the earnest
money stood forefeited.
The need as it has been reiterated in the agreement of
the landlord for his own purpose still subsisted. There was
no delay in bringing the heirs of the deceased tenant on
record. In the aforesaid view of the matter there was no
substance in the objection filed against the execution of
the order of eviction in terms of clause (rr) of section
43(2) of the new Act. In any event such events were
frivolous after the order had become final. The subsequent
events which we have examined do not in any way effect the
decision of need for possession of the premises in question
of the respondent-landlord. It may be mentioned that there
was an application by the respondent for the review. This
was heard and no order was made on that application. It was
reiterated in the counter affidavit filed by the respondent
that since 1st of December, 1978 till todate the appellant
had not paid any money to the landlord nor deposited the
damages in the court. At the time of his death late H.L.
Soni was residing in the house in dispute with his eldest
son Shri D.K. Soni, the appellant, his wife, Smt. Madhu Soni
and Mrs. Kailash Soni, the widow. Other son Shri A.K. Soni
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and daughter Mrs. Kangan Khanna were not residing with Late
Shri H.L. Soni at the time of his death and as such they
were not heirs as contemplated by section 3(g) of the new
Act. The landlord was a Government servant and was posted at
Lucknow and as such during his tenure he had to reside at
Lucknow but after his retirement he wanted to settle down at
his ancestral house at Allahabad and it was for this reason
that the proceedings for eviction were taken.
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It was not proved to the satisfaction of the
authorities below that any agreement to sell the premises to
Kanodias has been given effect to and had been acted upon or
can be acted upon. It that view of the matter the need
indubitably succeeds and even if the allegations made are
taken into consideration do not merit any revision of the
order which had become final. Finality of the judicial
decisions is one of the essential ingredients upon which the
administration of justice must rest. In that view of the
matter we are of the opinion, even if the contentions
advanced on behalf of the respondents are taken into
consideration and a new look is taken because of the
subsequent events, which in our opinion cannot be done in
view of the specific prohibition in clause (rr) of section
43(2) of the new Act, the appellant hac no case.
In the aforesaid view of the matter we are of the
opinion that the High Court was right in not interfering
with the order of the Prescribed Authority. After all
finality of the decisions of the authorities under the Act
has to be given due reverence and place in the judicial
administration. Taking cautious note of the relevant
subsequent events, we find no merit in the appellant’s
contentions inasmuch as there is nothing on record to show
that the landlord’s bona fide need for his residence in
Allahabad has been met or can be met in the state of affairs
except by the order which is impugned in this appeal.
In the premises, the appeal must fail and is
accordingly dismissed without any order as to costs. Since,
however, the appellant has been staying in the disputed
premises for quite some time, we grant time till 30th of
April, 1988 to deliver vacant possession of the premises
subject to filing usual undertaking within four weeks from
today. In default in filing undertaking the order would
become executable forthwith.
S.L. Appeal dismissed.
630