Holding

A widow landlord classified under Section 23‑J may invoke Section 23‑A(b) before the Rent Controlling Authority without joining her co‑owner sons, and the bonafide requirement is satisfied, rendering the RCA’s eviction order valid.

Summary

The Supreme Court considered appeals by two tenants who were evicted from two shops in Indore after the widow of the former owner and her two sons filed eviction applications before the Rent Controlling Authority (RCA) under the Madhya Pradesh Accommodation Control Act, 1961, claiming bonafide requirement for their businesses. The tenants challenged the jurisdiction of the RCA, arguing that the landlords, who were not all classified under Section 23-J, should have filed a civil suit under Section 12 of the Act. The Court examined whether a widow landlord could invoke Section 23-A(b) without joining her co‑owner sons and whether the bonafide requirement was established. It held that the widow, as a landlord within the special class, could file before the RCA and that the requirement of the sons fell within the ambit of Section 23‑A(b). The evidence showed the landlords had no suitable alternative accommodation, satisfying the bonafide test. Consequently, the RCA and High Court orders were affirmed and the appeals dismissed.

Issues considered

The appropriate forum for eviction proceedings: Rent Controlling Authority under Chapter III‑A versus a civil suit under Section 12 of the Act.
Whether the bonafide requirement pleaded by the widow and her sons satisfies Section 23‑A(b) of the MP Accommodation Control Act.
Whether co‑owners, some of whom fall within the special class of landlords under Section 23‑J, must join each other or may proceed independently, and who decides the choice of forum.

Legislation cited

Code of Civil Procedure, 1908s. 17, s. 20
Madhya Pradesh Accommodation Control Act, 1961s. 12, s. 23-A(b), s. 23-E, s. 23-J, s. 45

Subjects

rent controlevictionbonafide requirementlandlordco‑ownerjurisdictionRent Controlling AuthorityMP Accommodation Control ActSection 23-A(b)Section 12civil suit

Judgment

DHANNALAL A
v.
KALA WA TIBAI AND ORS.

JULY 8, 2002

[R.C. LAHOTJ AND B.N. AGRAWAL, JJ.] B

Rent Control and Eviction:

MP. Accommodation Control Act, 1961:
c
Sections 23-A (b) and 12-Eviction suit-Appropriate forums-landlord
to take recourse to eviction through Rent Controlling Authority under Chapter
III-A of the Act or to file eviction suit under Section 12 in the Civil Court -
Three co-landlords, one widow and her two major sons filing eviction
applications, widow-landlady pleading bonafide requirement, requiring suit D
premises for business purposes of co-landlords-Co-landlords being major
sons ofthe landlady, such bonafide requirement falls within purview ofsection
23-A (b), thus forum of Rent Controlling Authority available to the landlords
to seek eviction-Also , the law does not prevent the co-owner/landlords from
joining together to sue on the cause of action common to them all-Choice of
forum to seek eviction must of necessity be left open to the owners, otherwise E
they will be left without remedy.

Sectfon 23-A (b)-Eviction-On ground of bonafide requirement of
landlord-Landlord owing no other reasonably suitable alternative
accommodation, filing eviction applications-Rent Controlling Authority and
High Court being satisfied with the bonafide requirement of landlord and F
also that the landlord having no suitable alternate accommodation, allowing
eviction application-On appeal held, eviction order justified

Original owner of the property inducted appellants as tenants in two
shops for non-residential purpose. After owners' death, property devolved G
upon the respondents being his widow and two sons. Respondents then
filed application before the Rent Controlling Authority under Chapter III-
A of the M.P. Accommodation Control Act, 1961 for eviction on the
ground of bonafide requirement. Respondent No.l pleaded that respondent
No.2 required one shop for starting his business and respondent No.3

19
H
20 SUPREME COURT REPORTS [2002] SUPP. I S.C.R.

A required other shop for shifting his business from rented place.
Applications were allowed. Aggrieved, appellants filed revision petition
under section 23-E and they were dismissed. Hence the present appeals.

The questions that arose in these appeals was whether the forum of
Rent Controlling Authority was available to the respondents under
B Chapter III-A of the M.P. Accommodation Control Act, 1961 or they were
required to have recourse to the jurisdiction of Civil Court by filing suits
for eviction under Section 12 of the Act and whether the landlords have
succeeded in making out case of bonafide requirement of the suit premises
within the meaning of Section 23-A (b) of the Act.
c Dismissing the appeals, the Court

HELD: I.I. A widow, who is a co-owner and landlady of the premises
can in her own right initiate proceedings for eviction under Section 23-A
(b) of the M.P. Accommodation Control Act, 1961 without joining other
D co-owners/co-landlords as party 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
E the proceedings. 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 Sectioc
23-A (b). Their presence in the pro~eedings is suggestive of their
concurrence with the widow landlady maintaining the proceedings in her
F own right. 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 bonafide by them for the purpose
of continuing or starting their own or his own business as they would be
G owners thereof and the requirement will be theirs. 1t would not make any
material difference if the widow co-landlord was joined as party to the
proceedings either as plaintiff or as co-applicant because the case pleaded
in 'the plaint would squarely fall within the ambit of Section 12 (l)(t) of
the Act. [32-D-H; 33.:.A)

H 1.2. In the instant case, the cause of action is-requirement of a major
DHANNALAL v. KALA WA TIBAI 21
son, who himself is a co-owner. It is capable of being construed from the A
point of view of the widow landlady and owner, the accommodation let
for non-residential purpose required bonafide by the landlady for the
purpose of continuing or starting the business of any of the major sons,
within the meaning of Section 23-A (b) of the Act and from the point of
view of the major son himself, who is also himself an owner, the
accommodation let for non-residential purpose required bonafide by the B
landlord for the purpose of continuing or starting his business as he is
owner thereof, within the meaning of Section 12(1)(1) of the Act. In the
former case the cause of action is triable by way of an application before
Rent Controlling Authority and in the latter case it is triable in a suit
instituted in Civil Court. Any one of them may singally commence the C
proceedings without impleading the other or by impleading the other as
a non-applicant or defendant in pro-forma capacity in which case the
choice of forum would present no difficulty. However, the law does not
prevent the co-owner landlords from joining together to sue on the cause
of action common to them all. And if they do so the conflict of jurisdiction D
arises. The choice of forum, in such a case, must of necessity be left open
to the plaintiffs. Otherwise they will be left without remedy.
[35-F, G, H; 36-A, BJ

1.3. Keeping in view the three relevant principles that every wrong
must have a remedy and every right to relief must have a forum for E
enforcement; that plaintiff is dominus litis, and that one co-owner/landlord
can file a suit for ejectment of tenant and it is not necessary that all co-
owners/landlords must jointly sue for ejectment though they are not
prevented from-rather entitled to-joining together and suing jointly if they
wish to do so, it is concluded that:

(i) where a claim for eviction is filed by a landlord, or a co-
F
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 G
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 catego~ies
defined by Section 23-J and the other co-landlord/landlady
falling in one of the categories defined in Section 23-J is not H
22 SUPREME COURT REPORTS [2002] SUPP. 1 S.C.R.

A 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
B '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 Rent
Controlling Authority under Chapter III-A or may file a civil
suit in a Civil Court under Section 12 of the Act; in either
c case_Jhe proceedings would be competent and maintainable.
(36-B-G]

1.4. The bonafide requirement pleaded by respondent No.1, widow
landlady that she requires suit premises for respondent No.2 for starting
D his business and for respondent No.3 for continuing the business which
he is carrying on in rented premises. Respondents 2 and 3 being major
sons of the widow respondent no.I, such requirement clearly falls within
the purview of Section 23-A (b) of the Act. Thus the proceedings initiated
before Rent Controlling Authority do not suffer from want of
jurisdictional competence. (37-A, BJ
E Shivraj Jat v. Smt. Asha lata Yadav and Ors., (1989) (MPJR) RC 336
and Harbans Singh v. Smt. Margraf G Bhingardive, AIR (1990) MP 191,
approved.

Sri Ram Pasricha v. Jagannath and Ors., [1976] 4 SCC 184; Kanta
F Goel v. B.P. Pathan and Ors., (1977] 2 SCC 814; Pal Singh v. Sunder Singh
(dead) by Lrs. and Ors., (1989] 1 SCC 444; Messrs. Importers and
Manufacturers Ltd v. Pheroze Framroze Taraporewala and Ors., AIR (1953)
SC 73; B. Johnson v. C.S. Naidu, AIR (1986) MP 72; Kewal Singh v. Lajwanti,
(1980] 1 SCC 290; Ravi Dutt Sharma v. Ratanlal Bhargave, [1984] 2 SCC
75; Kanjulal Yadu v. Parasram Sharma, (2000) (II) MPJR 123; Smt. Ganga
G Bai v. Vijay Kumar and Ors., (1974] 2 SCC 393 and Nrisingha Charan
Nandy Chaudhry v. Rajniti Prasad Singh and Ors., AIR (1936) PC 189,
referred to.

2.1. In the instant case, both the Rent Controlling Authority and the
High Court have on a meticulous evaluation of evidence found landlords'
H bona fide requirement proved. None of the landlords is possessed of any
- I DHANNALAL v. KALAWATIBAI (R.C. LAHOTI, J.] 23
other suitable alternative accommodation of bis or her own 'that is owned A
by landlord' to satisfy the requirement found proved. Landlords have
secured possession of some premises in a locality situated at a short
distance from the suit premises but it is a tenanted accommodation and
hence irrelevant for defeating the claim of the landlords. Another
alternative accommodation pointed out by the tenant is situated on first B
floor and second floor of suit premises, which is not a reasonably suitable
non-residential accommodation. Thus, the landlord's succeed in making
out case of bona.fide requirement of the suit premises within the meaning
of Section 23-A(b) of the Act. [37-C, D, E]

2.2. The bonafides of the need of the landlord for the premises or C
additional premises have to be determined by the Court by applying
objective standards and once the Court is satisfied of such bonafides then
in the matter of choosing out of more accommodation than one available
to the landlord, his subjective choice shall be respected by the Court. In
the instant case both the High Court and the Rent Controlling Authority
have held that none of the premises pointed out by the tenant-appellants D
are such alternate accommodation as may defeat the respondents' claim.
[37-H; 38-A, CJ

Shiv Sarup Gupta v. Dr Mahesh Chand Gupta, [1999] 6 SCC 222,
referred to.
E
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 3652 of
2002.

From the Judgment and Order dated 15.3.2001 of the Madhya Pradesh
High Court in Civil Revision Petition No. 316 of 1997.
F
WITH

C.A. No. 3653 of 2002.

Siddhartha Shankar Ray, Sushi! Kumar Jain, A. Ranganathan and
Ms. Ruchi Kohli for the Appellant. G
A.K. Chitale, M. Manan and Niraj Sharma for the Respondents.

The Judgment of the Court was delivered by

R.C. LAHOTI, J. Leave granted. H
24 SUPREME COURT REPORTS [2002] SUPP. I S.C.R.

A The suit premises in these two appeals are two shops situated in M.T.
Cloth Market, Indore on the ground-floor of a building. The property was
owned by late Krishnadas. He inducted the two appellants in the two shops
as tenants for non-residential purpose. Krishnadas died on 8.7.1995. His
ownership and right of reversion as landlord have devolved on his widow -
Smt. Kalawatibai and two sons - Govinda and Hemant. These three are the
B respondents in these appeals. They initiated the proceedings for eviction of
the two appellants in December 1995. The ca~e of the respondents is that the
shop in the occupation of appellant Dhannalal is required bonafide for starting
the business of Govinda, the respondent no.2, while the shop in the occupation
of the other appellant, M/s. Tulsidas Sureshchandra is required by the
C respondent Hemant for shifting and continuing his readymade 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 ofM.P. Accommodation C<mtrol
D Act, 1961 (hereinafter the Act, for short) by filing applications before the
R!!nt 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
E 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
F at the nature of requirement pleaded by the landlord-respondents in their
applications the forum of Rent Controlling Authority was available to the
respondents under Chapter III-A of the Act or whether they were required to .
have recourse to the jurisdiction of Civil Court by filing suits for eviction
under Section 12 of the Act; and secondly, whether the landlords have
G succeeded in making out case of bonafide requirement of the suit premises
within the meaning of clause (b) of Section 23-A of the Act.

M.P. Accommodation Control Act, 1961 is a legislation providing for
regulation and control of letting and rent of accommodations and generally
to regulate the control of eviction of tenants from accommodations and for
H other matters connected therewith or incidental thereto. It also provides for
DHANNALAL v. KALAWATIBAI (R.C. LAHOTI, J.] 25

expeditious trial of eviction cases on ground of bonafide requirement of A
certain categories of landlords. Section 12 of the Act, which opens with a

- non-obstante clause, provides for no suit against a tenant for his eviction
rrom any accommodation being filed in any Civil Court except on one or
more of the grounds enumerated therein. Thus the rights, obligations and
protection of the tenants in the matter of eviction rrom accommodations are B
governed principally by Section l 2 of the Act and suit against tenant seeking
eviction can be filed only in Civil Court. The procedure applicable and the
remedy of appeal and revision are those as enumerated in the Code of Civil
Procedure. The M.P. Amendment Act No. 27 of 1983 w.e.f. 16.8.1983 inserted
in the Act Chapter 111-A entitled "Eviction of tenants on grounds of'bonafide'
requirement" making provision for a special and summary procedure for C
dealing with claims for eviction of tenants founded on the ground of bonafide
requirement for all the landlords generally. Corresponding amendment was
made in Section 12 of the Act so as to do away with jurisdiction of Civil
Court so far as claim for eviction on the ground of bonafide requirement,
residential or non-residential, is concerned. Within a short range of time the
Legislature gave a second thought and in its wisdom considered it appropriate D
to not to extend the benefit of the provisions contained in Chapter Ill-A to
all landlords generally but to keep it confined to such specified categories of
landlords who on account of certain handicap, adversity or a peculiar position
in which they are placed need to be dealt with on a different pedestal and
given advantage of a summary, quick and expeditious remedy of seeking E
eviction on the ground of personal requirement. Chapter Ill-A was hence
amended by M.P. Act No. 7 of l 985 w.e.f. l 6. l .1985. We are concerned with
the provisions of Chapter Jll-A as amended. Chapter lll-A, as it stands now
(since 16.l.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 F
specified categories of landlords (and not by any landlord generally).

Section l 2 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. (l) Notwithstanding G
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:-

H
26 SUPREME COURT REPORTS [2002] SUPP. l S.C.R.

A 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 himself
or for any member of his family, if he is the owner thereof or for
B
any person for whose benefit the accommodation is held and that
the landlord or such person has no other reasonably suitably
residential accommodation of his own his occupation in the city
or town concerned;
(t) that the accommodation let for non-residential purposes is required
c bona-fide by the landlord for the purpose of continuing or starting
his business or that any of his major sons or unmarried daughters
if he is the owner thereof or of any person for whose benefit the
accommodation is held and that the landlord or such person has
no other reasonably suitably non-residential accommodation of
D his own in his occupation in the city or town concerned.

The abovesaid provision needs to be read in juxtaposition with Section
23-A of the Act placed in Chapter III-A of the Act which reads as under:

"23-A. Special provision for eviction of tenant on ground of bona-
E fide requirement.-Notwithstanding anything contained in any other
law for the time being in force or contract to the contrary, a landlord
may submit an application, signed and verified in a manner provided
in rules 14 and 15 of Order VI of the First Schedule to the Code of
Civil Procedure, 1908 (V of 1908) as if it were a plaint to the Rent
Controlling Authority on one or more of the following grounds for an
F order directing the tenant to put the landlord in possession of the
accommodation, namely:-

(a) that the accommodation let for residential purposes is required
"bonafide" by the landlord for occupation as residence for himself
or for any member of his family, or for any person for whose
G benefit, the accommodation is held and that the landlord or such
person has no other reasonably suitable residential accommodation
of his own in his occupation in the city or town concerned."

Explanation. For the purposes of this clause, "accommodation let for
residential purposes" includes -
H
DHANNALAL v. KALAWATIBAI [R.C. LAHOTI, J.] 27

(i) any accommodation which having been let for use as a residence A
is without the express consent of the landlord, used wholly or
partly for any non-residential purpose; (ii) any accommodation
which has not been Jet under an express provision of contract for
non-residential purpose;

(b) that the accommodation Jet for non-residential purposes is required B
"bonafide" by the 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 C
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- D
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
E
(ii) a retired servant of a company owned or controlled either by the
Central or State Government; or
(iii) a widow or a divorced wife; or

(iv) physically handicapped person; or
F
(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
payment of a penal rent on his posting to such place."
G
Such a landlord seeking eviction of his or her tenant on the ground of
bonafide requirement of residential or non residential accommodation, the
ground as defined in Section 23-A of the Act, must have recourse to Chapter
III-A only. Section I I-A of the Act provides that the provisions of Chapter
III so far as they relate to matter specially provided in Chapter III-A shall not
apply to the landlord defined in Section 23-J. Section 45 of the Act also H
28 SUPREME COURT REPORTS [2002) SUPP. l S.C.R.

A provides that as to the matters which the Rent Controlling Authority is
empowered by or under the Act to decide are not entertainable by Civil
Court. The effect of these provisions is that a landlord as defined in Section
23-J of the Act cannot have recourse to the forum of Civil Court.

Broadly speaking, the main features of Chapter III-A are that it provides
B a summary procedure for the hearing of applications on the lines similar to
those contained in Order 37 of the CPC. The tenant cannot contest the prayer
for eviction from accommodation unless leave to defend is ·sought for by
moving an application within the prescribed period of time and aIJowed.
Default in appearance or refusal of leave results in the statement made by the
C landlord in the application for eviction being deemed to have been admitted
by the tenant obliging the Rent Controlling Authority to pass an order of
eviction. Where leave is granted to the tenant to contest the application, the
Rent Controlling Authority shaIJ hold an enquiry consistently with the practice
and procedure of a Court of SmaII Causes. The requirement of the 1andlord
is presumed to be bonafide unless the contrary is proved, that is to say, the
D burden of proof is placed on the tenant to rebut the case of the landlord
contrary to the ordinary procedure in a Civil Court where the burden of proof
lies on the landlord. As against an order of eviction passed by the RCA, a
revision lies to the High Court and the remedy of appeal is excluded.

The submission of Shri S.S. Ray, the learned senior counsel for the
E appellants, has been that the procedure and remedy provided by Chapter III-
A are summary and onerous to the tenant. Mainly speaking, the tenant is not
entitled to defend himself as of right, the burden of proof is shifted on him
from the very inception and he does not have a right of appeal.

At the very outset, we may point out that the issue as to the constitutional
F 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
G 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
H _suffering from invidious discrimination is a beaten track. Aii these questions
DHANNALAL v. KALAWATIBAI [R.C. LAHOTI, J.) 29
have been exhaustively gone into by a Division Bench of the High Court of A
Madhya Pradesh presided over by J.S. Verma, J. (as His Lordship then was)
in B. Johnson v. C.S. Naidu, AIR (I 986) MP 72, and the challenge was
turned down. In Kewal Singh v. Lajwanti, [1980) 1 SCC 290, a similar
challenge laid against similar provisions of the Delhi Rent Control Act, 1958,
was rejected. Similarly in Ravi Dutt Sharma v. Ratanlal Bhargava, [1984] 2
sec 75, challenge to the classification between landlords in order to provide B
benefit of the special procedure only to some of them constituting a distinct
class was upheld as permissible and reasonable classification. Both these
decisions were relied on by the Division Bench of the High Court of Madhya
Pradesh in B. Johnson's case (supra). To the same effect is a later Full Bench
decision of Madhya Pradesh High Court in Kunjulal Yadu v. Parasram C
Sharma, (2000) II MPJR 123. So much observation would suffice for the
purpose of the present case as in our opinion, the present one is not a fit case,
on the basis of the pleadings and material available, to examine the question
of constitutional validity of Chapter III-A of the Act.

The principal issue is that out of three co-landlords, the respondents D
herein, one is a widow falling within the definition of 'landlord' as defined
in Section 23-J of the Act and hence entitled to have recourse to the provisions
of Chapter III-A while other two co-landlords do not fall within the definition
of 'landlord' in Section 23-J. Though the requirement pleaded is of all the
landlords, i.e. the widow as also the other two co-landlords, it is only the E
widow who can take advantage of the special procedure for eviction but the
others two, who actually require the premises for their non-residential use,
should have gone to Civil Court and cannot, under the law, have recourse to
the forum of Rent Controlling Authority.

The submission of Shri S.S. Ray, the learned senior counsel for the F
appellants, is that inasmuch as the requirement is of non-classified landlords
to whom the forum of Civil Court under Section 12 of the Act is open, they
could not have invoked Chapter III-A to their advantage and to the prejudice
of the tenant-appellants and should have filed their suits for eviction before
the Civil Court. It is further submitted that unless that view is taken the
provisions of Chapter III-A would be liable to be struck down as violative of G
Article 14 of the Constitution and, therefore, the provisions of Chapter III-
A should be so read as to save them from constitutional invalidity. The
submission made by the learned 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 H
30 SUPREME COURT REPORTS [2002] SUPP. I S.C.R.

A of Madhya Pradesh. In Shivraj Jat v. 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 bonafide 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
B '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 evicti~n if the leased premises are bonafide required by
C 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 daughter of the landlord also happens to
be co-owner of the leased premises. The case was held to be covered by
Section 23-A(b) of the Act. A similar issue arose for consideration by a Fui
Bench of Madhya Pradesh_ High Court in Harbans Singh v. Smt. Margraf G.
D Bhingardive, AIR (1990) MP 191. The question posed before the Full Bench
was : "Whether 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 bonafide need or joint need of herself and that of her
married sons and their children, would be competent before the Rent
E Controlling Authority under Section 23-A(a) read with Section 23-J(iii) of
the Act". The premises in question were let out by the late husband of the
landlady and after his death the widow as well as her children succeeded to
the tenanted premises by .inheritance and therefore the widow and her children
, all became co-owners and joint landlords thereof. The application for eviction
was filed by the widow alone. It was urged that the widow alone cannot
F maintain an application under Section 23-A of the Act either for her own
bonafide need or for the joint need of herself and her married sons who are
also joint landlords but do not belong to the special class envisaged in Section
23-J of the Act and have not joined the widow in making application for
eviction. The Full Bench held that application filed by the widow alone as
G one of the landlords was competent. The Full Bench further held :-
"If we examine the language of Section 23-A and clause (a)
thereof it would be clear from the plain and unambiguous words and
language used therein that they are capable of only one construction
that the person who falls in the category of special class of landlords
H is authorized to take action for eviction of the tenant either for his
DHANNALAL v. KALAWATIBAI [R.C. LAHOTI, J.) 31
own bonafide need or for the bonafide need of any member of his A
family who may not belong to any of the special class of landlords.
If we accept the submissions advanced by the learned counsel for the
tenant/applicant then in that event we would be doing violence to the
plain -lilnguage and words used in the provisions under consideration
by reading into the said provisions the words that the member of the
family for whose bonafide need, the application has been filed by the B
special class of landlord, should also ,belong to that category. 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 bonafide need and that of her married sons who c
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 bonafide need or joint need of
herself and that of her married sons and their children, who are
D
-
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 MP. 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
E

accommodation is let for non-residential purpose; (ii) it is required bonafide
by the landlord for the purpose of continuing or starting (a) his business, or
(b) business of any of his major sons or unmarried daughters; (iii) the landlord
is the owner of such accommodation or is holding accommodation for benefit F
of any person who requires the accommodation; and (iv) the landlord or such
person has no other reasonably suitable non-residential accommodation of
his own in his occupation in the city or town concerned.

It is well settled by at least three decisions of this Court, namely, Sri
Ram Pasricha v. Jagannath and Ors., [1976) 4 SCC 184, Kanta Goel v. B.P.
G
Parhan and Ors.. (1977] 2 SCC 814 and Pal Singh v. Sunder Singh (dead)
by lrs. and Ors.. [ 1989) I SCC 444 that one of the co-owners can alone and
in his own right file a suit for ejectment of tenant and it is no defence open
to tenant to question the maintainability of the suit on the ground that other
co-owners were not joined as parties to the suit. When the property forming H

•
32 SUPREME COURT REPORTS [2002] SUPP. I S.C.R.

A subject matter of eviction proceedings is owned by several owners, every co-.
owner owns every part and every bit of the joint property along with others
and it cannot be said that he is only a part owner or a fractional owner of the
property so long as the property has not been partitioned. He can alone
maintain a suit for eviction of tenant without joining the other co-owners if
B such other co-owners do not object. In Shri Ram Pasricha 's case (supra)
reliance was placed by the tenant on the English rule that if two or more
landlords institute a suit for possession on the ground that a dwelling house
is required for occupation of one of them as a residence the suit would fail;
the requirement must be of all the landlords. The Court noted that the English
rule was not followed by the High Courts of Calcutta and Gujarat which High
C Courts have respectfully dissented from the rule of English law. This Court
held that a decree could be passed in favour of the plaintiff though he was
not the absolute and full owner of the premises because he required the
premises for his own use and also satisfied the requirement of being "if he
is the owner", the expression as employed by Section 13(l)(f) of W.B. Premisl'
Tenancy Act, 1956.
D
It follows that a widow, who is a co-owner and landlady of the premises
can in her own right initiate proceedings for eviction under Section 23-A(b),

-
as analysed hereinbefore, without joining other co-owners/co-landlords as
party to the proceedings if they do not object to the initiation of proceedings
E by such landlady, because she is the owner of the property and requires the
tenanted accommodation for the purpose of continuing or startiTig 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
F 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 2'.3-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
G 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 bonafide by them or any of them
for the purpose of continuing or starting their own or his own business as
they would be owners thereof and the requirement will be theirs. It would not
H make any material difference if the widow co-landlord was joined as party
/
PHANNALAL v. KALAWATIBAI [R.C. LAHOTI, J.] 33

to the proceedings either as plaintiff or as co-applicant because the case A
pleaded in the plaint would squarely fall within the ambit of clause (f) sub-
section(!) of Section 12 of the Act.

Here we may divert a little and refer to a decision of this Court in
Messrs. Importers and Manufacturers ltd. v. Pheroze Fra111roze Taraporewala
and Ors., AIR (1953) SC 73. The local law (applicable to Bombay) provided B
for a suit between landlord and tenant being filed in the Small Causes Court.
In the suit filed by the landlord against the tenant, the sub-tenant was also
impleaded as a party. The defendant objected to the maintainability of the
suit before the Small Causes Court submitting that the suit being not one
between landlord and tenant alone it would not be within the competence of C
the Small Causes Court to try the same. This Court held that a sub-tenant was
a proper party in a suit for ejectment between landlord and tenant. The
joinder of such a proper party cannot alter the character of the suit and does
not make the suit any the less a suit between the landlord and the tenant; to
hold otherwise will be to encourage multiplicity of the suits which will result
in no end of inconvenience and confusion. It is clear from the ratio of this D
decision that presence of proper party does not alter the basic character of the
suit and availability of forum is to be detenmined by examining the essential
nature of the suit.

The submission of the learned senior counsel for the tenant-appellants
if accepted may create a diabolical situation. The requirement pleaded is the E
requirement of a widow landlady for continuing or starting the business of
her major sons. In proceedings for eviction of a tenant it is penmissible for
all the co-owner landlords to join as plaintiffs. Rather, this is nonmally done.
Now, if they all file a claim before the Civil Court an objection may possibly
be raised on behalf of the tenant-defendant that the widow landlady being F
one of the claimants for eviction she must go to the Rent Controlling Authority
under Chapter lll-A. If they collectively join in initiating the proceedings for
eviction of the tenant before the Rent Controlling Authority under Chapter
Ill-A the tenant-defendant may object that the requireme11t being that of the
major sons who are themselves landlord-applicants the claim should h&ve
been filed before the Civil Court, as is the plea before us. How such dilemma G
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
reso!utir,n to the problem posed. Procedural law cannot betray the substantive II
34 SUPREME COURT REPORTS [2002] SUPP. I S.C.R.

A 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
B 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 of
justice from joining hands and moving together, they must have a common
path. Multiplicity of proceedings should be avoided and same cause of action
C available to two at a time must not be forced to split and tried in two different
fora as far as practicable and permissible.

Reference to, or deriving aid from, certain legal maxims will be useful.
Ubi )us ibi remedium-there is no wrong without a remedy. Where there is
a right there is a forum for its enforcement. According to Broom's Legal
D Maxims (Tenth Edition, pp.118-119), the maxim has been considered so
valuable that it led to the invention of the form of action called an action on
the case. Where no precedent of a writ can be produced, the clerks in Chancery
shall agree in forming a new one. The principle adopted by courts of law
accordingly is, that the novelty of the particular complaint alleged in an
E action on the case is no objection, provided that an injury cognizable by law
be shown to have been inflicted on the plaintiff, in which case, although there
be no precedent, the common law will judge according to the law of nature
and the public good. If a man has a right, he must, "have a means to vindicate
and maintain it, and a remedy if he is injured in the exercise and enjoyment
of it, and, indeed, it is vain thing to imagine a right without a remedy, for
F want of right and want of remedy are reciprocal".

As held in Smt. Ganga Bai v. Vijay Kumar and Ors., (1974] 2 SCC 393
there is an inherent right in ·every person to bring a suit of a civil nature and
unless the suit is barred by statute one may, at one's peril, bring a suit of
one's choice. It is no answer to a suit, howsoever frivolous the claim, that the
G law confers no such right to sue. A suit for its maintainability requires no
authority of law and it is ·enough that no statute bars the suit.

Plaintiff is dominus litis, that is, master of, or having dominion over,
the case. He is the person who has carriage and control of an action. In case
H of conflict of jurisdiction the choice ought to lie with the plaintiff to choose
t
DHANNALAL v. KALAWATIBAI [R.C. LAHOTI, J.] 35

the forum best suited to him unless there be a rule of law excluding access A
to a forum of plaintiffs choice or permitting recourse to a forum will be
opposed to public policy or will be an abuse of the process of law.

Reference may also be had to Section 17 of CPC which provides that
where a suit is to obtain relief respecting immoveable property situate within
the jurisdiction of different Courts, the suit may be instituted in any Court B
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 cognizable 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 C
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. Jn Nrisingha Charan Nandy Chaudhry v. Rajniti Prasad
Singh and Ors., AJR (1936) PC 189, their Lordships referred to Section 17
of the CPC and tenned it as the ordinary rule for determining the Court
which can take cognizance of a suit for immoveable property situated within D
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
one of the defendants, at the time of the commencement of the suit, actually
and voluntarily resides. Thus in case of a cause of action being triable in E
more than one forum it may be tried by any one forum subject to any other
provision or rule of la\v.

Reverting back to the issue before us, the cause of action is one -
requirement of a major son, who himself is a co-owner. It is capable of being
construed in two ways, depending on from the point of view of which of the F
landlords we look at. From the point of view of the widow landlady and
owner it is a case of the accommodation let for non-residential purpose
required bonajide by the landlady for the purpose of continuing or starting
the business of any of her major sons, within the meaning of Section 23-A(b)
of the Act. From the point of view of the major son himself, who is also
himself an owner, it is a case of the accommodation let for non-residential G
purpose required bonafide by the landlord for the purpose of continuing or
starting his business as he is owner thereof, within the meaning of Section
12(!)(1) of the Act. In the fonner case the cause of action is triable by way
of an application before R.C.A. In the latter case the cause of action is triable ....
-
in a suit instituted in Civil Court. Any one of them may singally sommence H
36 SUPREME COURT REPORTS [2002) SUPP. 1 S.C.R.

A the proceedings without impleading the other or by impleading the other as
a non-applicant or defendant in pro-forma capacity in which case the choice
of forum would present no difficulty. The former shall go to R.C.A. The
latter shall go to Civil Court. However, the law does not prevent the co-
owner landlords from joining together to sue on the cause of action common
B to them all. And if they do so the conflict of jurisdiction arises. The choice
of forum, in such a case, must of necessity be left open to the plaintiffs.
Otherwise they will be left without remedy. Keeping in view the three relevant
principles (i) that every wrong must have a remedy and every right to relief
must have a forum for enforcement, (ii) that plaintiff is dominus litis, and (iii)
that one co-owner/landlord can file a suit for ejectment of tenant and it is not
C necessary that all co-owner/landlords must jointly sue for ejectment though
they are not prevented from rather entitled to - joining together and suing
jointly if they wish to do so, we proceed to state our conclusions as under :-
(i) where a claim 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
D 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-
E 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 ·
F 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 lll-A or may file
a civil suit in a Civil Court under Section 12 of the Act; in either case the
G proceedings would be competent and maintainable.

We are, therefore, of the opinion that there is no merit in the plea raised
on behalf of the appellants that the three respondents, one widow and her two
major sons, could not have initiated proceedings for eviction before the Rent
H Controlling Authority. We have carefully perused the two applications for
DHANNALAL v. KALAWATIBAI [R.C. LAHOTI, J.] 37

eviction filed by the respondents. The bonafide requirement pleaded is of the A
widow landlady, the respondent no. I, who requires the suit premises for
Govinda, respondent no.2 for starting his business and that of another son
Heman!, the respondent no.3 for continuing the business which presently he
is carrying on in rented premises. Respondents 2 and 3 being major sons of
the widow respondent no. I, such requirement clearly falls also within the
purview of Section 23-A (b) of the Act. The proceedings initiated before B
R.C.A. do not suffer from want of jurisdictional competence.

So far as the challenge to proof of requirement is concerned it merits
a summary dismissal. The Rent Controlling Authority and the High Court,
both, have on a meticulous evaluation of evidence found the requirement C
proved. None of the landlords is possessed of any other suitable alternative
accommodation of his or her own to satisfy the requirement found proved.
A landlord cannot be compelled to carry on business in rented premises and
the proved requirement cannot be defeated by the tenant submitting that the
landlord can start or comfortably continue to run his business in rented
premises. It has come in evidence that the landlords have secured possession D
of some premises in Ahilyapura locality situated at a short distance from the
suit premises but the Ahilyapura accommodation is again a tenanted
accommodation and hence irrelevant for defeating the claim of the landlords.
To be an alternative accommodation relevant within the meaning of Section
12(1)(1) or Section 23-A(b) it must be 'of his own', that is, the one 'owned' E
by the landlord. Another alternative accommodation pointed out by the tenant
is the one situated on the first floor of the building. It has come in the
evidence that the second floor of the building is used for residence of the
landlords while the first floor is used partly as a godown and partly for
stitching the clothes which are sold as readymade garments in the shop of
respondent no.3. To amount to ail alternate non-residential accommodation F
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 v. 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 G
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 bonafides
of the landlord if he unreasonably refuses to occupy the available premises
to satisfy his alleged need. The bonafides of the need of the landlord for the H
I
38 SUPREME COURT REPORTS [2002] SUPP. I S.C.R.

A premises or additional premises have to be determined by the Court by
applying objective standards and once the Court is satisfied of such bonafides
then in the matter of choosing out of more accommodations than one available
to the landlord, his subjective choice shall be respected by the Court. For the
business, which the respondents no.2 and 3 propose to start or continue
respectively, an accommodation situated on the first floor cannot be said to
B be an alternative suitable accommodation in comparison with the shops situated
on the ground floor. A shop on the first floor cannot attract the same number
of customers and earn the same business as a shop situated on the ground
floor would do. Moreover, there is no evidence adduced by the appellants to
show that in M.T. Cloth market shops are also situated on first floor of
C buildings and attract the same business as the shops on ground floor do. The
High Court and the R.C.A. have held none of the premises pointed out by the
tenant-appellants such alternate accommodation as may defeat the respondents'
claim. We find no reason to take a different view. Between the years 1987
and 1989 late Krishna Das, the then sole owner of the building, had sold
three shops but that was an event which had taken place in the life-time of
D late Krishna Das and cannot have relevance for denying the claim of the
respondent-landlords filed in the year 1995.

For all the foregoing reasons we find the appeals devoid of any merit
and liable to be dismissed. They are dismissed with costs. However, each of
E the appellants is allowed four months time for vacating the suit premises
subject to each of them clearing all arrears ofrent and filing usual undertaking,
within a period of four weeks from today.

N.J. Appeals dismissed.

·.