Supreme Court of India
G1JLRAJ SINGH GREWALversusDR. HARBANS SINGH AND ANR.
- Citation
- 1993 INSC 10
- Decided
- 12 January 1993
- Disposal
- Dismissed
- Bench
- S VERMA
Holding
A scheduled building is a type of residential building; therefore the personal‑need ground for eviction under section 13(3)(a)(i)(a) is available to the landlord.
Summary
Gulraj Singh Grewal rented a building in Ludhiana from Dr. Harbans Singh and his son. The landlords sought eviction on three grounds under the East Punjab Urban Rent Restriction Act, 1948: personal need, change of user, and impairment of value. The Rent Controller dismissed the petition; the appellate authority found personal need proved but held that because the building had become a "scheduled building" (partly used for a professional purpose), the personal‑need ground could not be invoked, and ordered eviction on the change‑of‑user ground. The High Court affirmed. The Supreme Court held that a scheduled building is merely a category of residential building, so the personal‑need ground under section 13(3)(a)(i)(a) applies. The finding of personal need was deemed unassailable, and the appellate court’s construction was erroneous. Consequently, the appeal was dismissed, sustaining the eviction order on the personal‑need ground alone.
Issues considered
- The definition of "scheduled building" and whether it falls within the meaning of "residential building" for the purpose of section 13(3)(a)(i)(a) of the East Punjab Urban Rent Restriction Act.
- Whether the appellate finding of fact on the landlord's personal need can be reopened.
- Whether the ground of change of user under section 13(2)(ii)(b) is applicable in the present case.
Legislation cited
- East Punjab Urban Rent Restriction Act, 1948s. 13, s. 13A, s. 2(a), s. 2(d), s. 2(g), s. 2(h), s. 4
- East Punjab Urban Rent Restriction (Amendment) Act, 1956
- East Punjab Urban Rent Restriction (Amendment) Act, 1957
- East Punjab Urban Rent Restriction (Amendment) Act, 1966
- East Punjab Urban Rent Restriction (Amendment) Act, 1985
- Indian Soldiers (Litigation) Act, 1925s. 7
Subjects
evictionpersonal needscheduled buildingresidential buildinglandlord‑tenantstatutory interpretationEast Punjab Urban Rent Restriction Act
Judgment
G1JLRAJ SINGH GREWAL A
-!' v.
DR. HARBANS SINGH AND ANR.
JANUARY 12, 1993.
[J.S. VERMA, YOGESHWAR DAYAL AND B
N. VENKATACHALA, JJ.]
East Punjab UrlJan Rent Restriction Ac4 1948-&clion 13(3)(a)(i)(a)
read with Section 2 (a), (d), (g) and (h }-Eviction of ·~cheduled building" for
personal need-Held, all buildings fall into two categories, non-residential and c
residentiaf--'Scheduled building' in Section 2(h) is a kind of 'residential
building' and ground of eviction for personal need available-Amendment
Acts of 1956, 1957, 1966 and 1985-Section 13A.
~
East Punjab UrlJan Rent Restriction Ac4 1948-Sections 13, 13A and
2(a), (d), (g) and {h}-lnterpretation of statutes-Principle of hmmonious D
construction-Omission of "scheduled building"by amendment in 1956, and
its inclusion in provisions inserted by the 1985 amendment-Held, retention
of 'scheduled' in the provision when 'residential building" includes scheduled
building considered supeifluouHnserted in 1985 Amendment to avoid con-
troversies. E
The appellant took the suit premises situate in Ludhiana on a
monthly rent or Rs. 800 from respondent 1. Both the respondents are
medical practitioners. The respondent tiled a petition for eviction or the
appellant tenant on three grounds: their personal need under Section
13(3)(a)(i)(a); change of user under Section 13(2)(ii)(b) and impairment F
-
~ of the value and utility of the rented building under Section 13(2) (iii) of
the East Punjab Urban Rent Restriction Act 1948.
The Rent Controller dismissed the petition. The appellate authority
held that the personal need of the respondents and the ground or change
or user was proved. Since the building though let out to the tenant for a G
residential purpose was used partly for his proression and bad become a
/l 'scheduled building' under Section 2(b), he could not be evicted on the
ground of personal need. The order of eviction was, however, made on the
ground or change or user of the building. The High Court on revision
affirmed the finding and order or eviction made by the appellate authority. H
149
150 SUPREME COURT REPORTS [1993] 1 S.C.R.
A In the Supreme Court, it was argued for the appellant that there was
no change of user to justify the order of eviction on that ground and that
the finding on the question of personal need was erroneous. Relying on
legislative intent evideneed in amendments to the Act, It was further
contended that no order of eviction can be made on the ground of personal
B need contained in, Section 13(3)(a)(i)(a) in respect of a 'scheduled
building' since that ground is available for eviction only from a residential
building. The omission of the words "or a schP.duled" after the word
"residential" in Section 13(3)(a)(i)(a) in 1956 and their addition in Section
• 13A in 1985 were referred to advance the argument.
C The respondents submitted that there was no ground to interfere
with the order of eviction; that 'scheduled building' in section Z(h) con-
tinues to be a 'residential building' in section 2(g) and that personal need
in section 13(3) (a) (i) (a) is available as a grolll!d for eviction; and that
the finding of fact relating to personal need of the landlord in not open to
D challenge. Io the alternative, if a "scheduled building" is not a "residential
building" then the ground of change of user, unilaterally was available.
Dismissing the appeal, this Court
HELD: 1. The finding of fact of personal need is unassailable.
E
That respondent 2 is carrying on his profession at some distance
from Ludhiana is not sufficient to negative the landlords' n<-ed. [1SSBJ
Non-examination of respondent 2 is immaterial when respondent 1
has examined himself and proved the need of the landlord; it is at best a
F matter relating to appreciation of evidence, on which ground this finding
of fact cannot be assailed particularly when it was not seri11usly challenged
in the High Court. (pp.6/7) [155C)
2. All buildings are divided into two categories: "non- residential"
G and "residential". Buildings used for the purpose of business or trade are
"non-residential" and the remaining buildings are all "residential". This is
clear from the definitions in section 2(a), (d) and (g). (pp.23/24) [l67D]
3. 'Scheduled building' as defined in section Z(h) is merely a kind of
'residential building' as defined in section Z(g), its characteristic being its
H part user for a scheduled purpose. (p.24) [167EI
J
GULRAJ GREWAL v. DR. HARBANS SINGH 151
4. The Act makes a distinction between a residential building which A
is being partly used for a scheduled purpose, i.e. a scheduled building, for
the purpose of determination of fair rent.
A separate definition of 'scheduled building' in clause (h) while
making it clear therein that it means a residential building used partly for a
specific purpose does not, therefore indicate that a scheduled building B
ceases to be a residential building or is a category of building separate from
a residential building for the purpose of eviction of tenants in the scheme of
section 13 of the Act. This is the only manner in which a harmonious
construction can be made of these provisions. (pp.24/25) [167H, 168A]
5. The object of the 1956 amendment was to equate the Punjab
c
tena_nts with the Delhi tenants and exclude the ground of landlord's
personal need for eviction of tenants of non-residential property. Obvious-
ly the definition of 'scheduled building' in section 2(h) clearly indicating
that scheduled building is residential building, the words 'or a •cheduled'
after 'residential' were considered superfluous. The use of the word D
'scheduled" after 'resid•ntial' in section 13A inserted in 1985 may have
been used to avoid any controversy like the present raised on the basis of
the 1956 Amendment. (p.26) [168D-E]
6. Section 13A which provides for an expeditious remedy is not a
E
separate distinct provision but has to be read along with section 13 of the
principal Act forming a part of the general scheme contained in section 13
for eviction of tenants on the ground of personal need from buildings
which are not non-residential. (p.27) [168H]
7. This construction of section 13(3) (a) (i) as it stood after the 1956 F
amendment, is the only construction which can be made to harmonise with
the definitions in section 2. (p.27) [169C]
8. The question of change of user is not necessary to be considered.
However, the general principle is that if the express terms of lease restrict
the user solely for purpose of residence, then use of any part thereof for G
even a scheduled purpose without the written consent of the landlord may
_.,.... amount to use of the building for a purpose other than that for which it
was leased. That, however, is a question of fact in each case. In that case
while the ground of eviction in section 13(3)(a)(i)(a) would remain avail-
able to the landlord for eviction of the tenant, in view of the express H
152 SUPREME COURT REPORTS [1993] 1 S.C.R.
A covenant against user of any part of the residential building even for a
scheduled purpose, it may make available also the ground of change of '-r-
user under section 13(2) (ii) (b) of the Act. (pp.28/29) [169G-170A)
Bishamber Dass Kohli (dead) by Lrs. v. Smt. Satya Bhalla, referred
to.
B
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 5086 of
1985.
From the Judgment and Order dated 31.1.1985 of the Punjab and
Haryana High Court in Civil Revision No. 1847 of 1984.
c
A.B. Rohtagi, R.C. Mishra and Dr. Meera Aggarwal for the Appel-
lant.
M.S. Gujaral and R.S. Sodhi for the Respondents.
D The Judgment of the Court was delivered by
VERMA, J. The appellant, Gulraj Singh Grewal, took the suit
premises situate in Ludhiana on monthly rent of Rs. 800 from respondent
No. 1, Dr. Harbans Singh, in March 1980. Respondent No. 2, Dr. Ravinder
E Singh, is son of respondent No. 1, Dr. Harbans Singh. Both the respondents
are medical practitioners. The respondents filed a petition for eviction of .}-
the appellant-tenant on three grounds, namely, personal need of the
respondent• under Section 13(3) (a) (i) (a), change Rf !JSer under section
13(2) (ii) (b) and impairment of value and utility of the rented building
under section 13(2) (iii) of the East Punjab Urban Rent Restriction Act,
F 1948. The appellant contested the petition denying the existence of any of
these grounds for eviction.
The Rent Controller dismissed the petition holding that none of the
three grounds had been proved. On appeal by the respondents, the appel-
G late authority held that the personal need of respondent No. 2, Dr.
Ravinder Singh, one of the landlords, was proved and the ground of change
of user of the rented building by the appellant had also been proved. The
third ground relating to impairment of value and utility of the rented
building was rejected. The appellate authority further held that the building
though let out for residential purpose was used by the appellant, a consult-
H ant engineer, partly for his profession on account of which it had become
GULRAJ GREWAL v. DR. HARBANS SINGH [VERMA, J.] 153
a 'scheduled building' as defined in Section 2(h) of the Act and, therefore, A
the ground for eviction based on personal need was not available for
evicting the tenant from a 'scheduled building'. However, an order of
eviction was made on the ground of change of user of the rented building.
The appellant then preferred a revision to the High Court which has been
dismissed affirming the findings and order of eviction made by the appel-
B
late authority. Hence, this appeal by special leave.
The submissions of Shri Avadh Behari, learned counsel for the
appellant are several. The first contention is that there was no change of
user by the appellant-tenant to justify the order of eviction on that ground.
The second subinission is that the finding on the question of personal-need C
- of the landlord is erroneous. The last submission is that no order of eviction
can be made on the ground of personal need contained in section 13(3)
(a) (i) (a) in respect of a 'scheduled building' since that ground is available
for eviction only from a 'residential building' as defined in section 2(g) of
the Act, a 'scheduled building' defined in section 2(h) of the Act being a D
different kind of building. In reply, Shri M.S. Gujral, learned counsel for
the respondents submitted that the order of eviction is justified an~ there
is no ground to interfere in this appeal. His submission is that a 'scheduled
building' defined in section 2(h) continues to be a 'residential building' as
defmed in section 2(g), so that the ground for eviction based on personal
need contained in section 13(3) (a) (i) (a) is available in the present case. E
He also submitted thatthe finding of fact relating to personal need of the
landlord is not open to challenge. His submission in the alternative is that
in case a 'scheduled building' is not 'residential building', then the ground
of change of user is available since the building was let out for residential
purpose and its user has been changed unilaterally by the tenant without F
the consent of the landlord.
The first question for our decision is: whether learned counsel for
the appellant is right in contending that a 'scheduled building' is not a
'residential building' for the purpose of the ground of eviction contained
in section 13(3) (a) (i) (a) ? In case it is held that this ground for eviction G
of the tenant is available in the present case and the fmding of fact on the
question of personal need of the landlord is not open to challenge, the
order of eviction can be sustained on this ground alone and it is unneces-
sary to decide the question relating to the ground of change of user
contained in section 13(2) (ii) (b) of the Act. We would, therefore, consider H
154 SUPREME COURT REPORTS [1993) 1 S.C.R.
A this question first.
Admittedly, the appellant is a consultant engmeer and the suit
premises, a 'building' as defined in section 2(a) of the Act, was let out to
him solely for residential purpose. He has been using it as his residence
while a part thereof is used by him as his professional office without the
B consent of the landlord. It is on the basis of use of a part of the building
as appellant's office that the appellant claims it to be a 'scheduled building'
as defmed in section 2(h) of the Act. Apart from the question of change
of user which is a separate ground for eviction, the question is whether the
suit premises being treated as a 'scheduled building', the ground for
C eviction contained in section 13(3) (a) (i) (a) is not available, that ground
being available only in respect of a 'residential building' as defined in
section 2(g) of the Act.
The contention of learned counsel for the appellant is that the word
'scheduled' which occurred along with 'residential' in section 13(3) (a) (i)
D of the Act having been omitted by the amendment made in the principal
Act in 1956, the obvious legislative intent is to exclude a 'scheduled
building' from the scope of that provision with the result that the grounds
for eviction contained in section 13(3) (a) (i), of which personal need of
the landlord is one, are not available for eviction of a tenant from
E 'scheduled building' thereunder after that amendment. To buttress this
argument, learned counsel referred to section 4 of the principal Act and
Section BA, inserted therein by an amendment made in 1985, wherein the
expression 'scheduled building' is expressly used in addition to the expres-
sion 'residential building' and the separate definition of 'scheduled
building' in section 2(h) while defining 'residential building' in section 2(g)
F in the principal Act from the very inception. The question is whether this
contention can be ~ccepted.
Before dealing with the above question, it would be appropriate to
dispose of the challenge made to the fmding of fact of landlord's personal
G need, on which this question arises. The finding on this question of fact
recorded by the appellate authority has been affirmed by the High Court.
Can this finding be reopended now?
Learned counsel for the appellant submitted that the personal need
found proved is only of respondent No. 2, son of respondent No. 1, who
H did not enter the witness box and, as stated in an affidavit filed in this
GULRAJ GREWAL v. DR. HARBANS SINGH [VERMA, J.] 155
Court, even he is carrying on his profession at a place about 25 kms, away A
from Ludhiana. In our opinion, this finding of fact is unassailable. The High
Court bas clearly observed that no meaningful argument could be advanced
on behalf of the appellant to challenge this finding_ of the appellate
•uthority. Respondent No. 1 who is the father of respondent No. 2, has
supported and proved the need of respondent No. 2, who also is a landlord.
B
The fact that for want of suitable accommodation in the city of Ludhiana,
respondent No. 2 is at present carrying on his profession at some distance
from Ludhiana is not sufficient to negative the landlord's need. In these
circumstances, the non-examination of respondent No. 2 also, when
respondent No. 1 has e~ed himself and proved the need of the
landlord, is immatarial and, at best, a matter relating only to appreciation c
of evidence, on which ground this finding of fact cannot be reopened. This
is more so when no serious challenge to this finding was made in the High
Court. We must, therefore, proceed on the basis that the personal need of
the landlord is proved to make out the ground of eviction contained in
section 13(3)(a)(i)(a) of the Act in case that ground of eviction is ap- D
plicable to the suit premises treating it as a 'scheduled building'.
In order to fully appreciate the arguments of learned counsel for the
appellant, the legislative history would be useful. The Punjab Urban Rent
Restriction Act, 1941 was enacted to restrict thl' increase of rents on
- -{ certain premises situated within the limits of urban areas in the Punjab. E
That Act was primarily to control the increase of rents and did not relate
to eviction of tenants. Then came the Punjab Urban Rent Restriction Act,
1947 which was enacted to restrict the increase of rent of certain premises
situated within the limits of urban areas and the eviction of tenants there-
from. Provision was made in Section 4 of the Act for determination of fair F
rent, for which purpose 'non-residential buildillg', 'residential building' and
'scheduled building' were treated as three different categories prescribing
different formula for each of these three categories. For this reason,
separate definition of each of them was givi:n in section 2 contiiining the
definitions. However, for the purpose of eviction, in section 13 (3), a G
'residential building' or a 'scheduled building' were clubbed together and
treated similarly by providing the same grounds for eviction while a 'non-
residential building' or 'rented land' were clubbed together and provided
for separately. The scheme of the Act clearly shows that a 'residential
building' and a 'scheduled building' were treated as different categories
only for the determination of fair rent but were treated alike while prescrib- H
156 SUPREME COURT REPORTS (1993) 1 S.C.R.
A ing the grounds for eviction of a tenant therefrom. The definition of
'scheduled building' in section 2(h) of that Act also took care to provide
that a 'scheduled building' means a residential building which was being
used partly for a specified purpose. In this manner, the definition of a
'scheduled building' given in the Act was in oonsonance with the scheme
of the Act treating it differently from a 'residential building' for the purpose
B of determination of fair rent and similarly for eviction of the tenant. Then
came the East Punjab Urban Rent Restriction Act, 1948 which repealed
the 1947 Act and replaced it. The same scheme was retained in the 1949
Act which is the principal Act for our purpose. It is the relevant provisions
of this Act, as amended from time to time, which are material for deciding
C the point raised by the appellant.
The East Punjab Urban Rent Restriction Act, 1948 (East Punjab Act
No. III of 1948) was amended by the Amendment Acts of 1956, 1957, 1966
and 1985 whereby section 13 of the principal Act was amended and in 1985
the new section 13A was inserted. It is the amendments made in section
D 13 at the principal Act providing for eviction of tenants which are material
for our purpose. The material provisions of the Act, including the amend-
ments made in section 13 from time to time are mentioned hereafter.
In the principal Act as originally enacted, the material provisions are
E as under:-
'2. Definitions. - In this Act, unless there is anything repug-
>-
nant in the subject or context, -
(a) "building' means any building or part of a building let
F for any purpose whether being actually used for that purpose
or not, including any land, godowns out-houses or furniture let
therewith, but does not include a room in a hotel, hostel or
boarding h10use;
xxx xxx xxx
G
(d) 'non-residential building' means a building being used
solely for the purpose of business or trade;
xxx xxx xxx
H (g) "residential building' means any building which is not a
•
GULRAJ GREWAL v. DR. HARBANS SINGH [VERMA, J.] 157
non-residential building; A
(h) 'scheduled building' means a residential building which
is being used by a person engaged in one or more of the
professions specified in the Schedule to this Act, partly for his
business and partly for his residence;
B
xxx xxx xxx
'4. DeteTmination of fair rent.- (1) The Controller shall on
application by the tenant or landlord of a building or rented
land flX the fair rent for such building or rented land after
holding such inquiry as the Controller thinks fit. C
(2) In flXing the fair rent under this section, the Controller
may first flX a basic rent taking into consideration -
xxx xxx XXl< D
(3) In fixing the fair rent of a residential building the
Controller may allow. If the basic rent-
xxx xxx xxx
--{ (4) In flXing the fair rent of a scheduled building the Con- E
·troller may allow, if the basic rent-
xxx xxx xxx
(5) In flXing the fair rent of a non-residential building or
rented land the Controller may allow, if the basic rent -
F
xxx xxx xxx"
'11. Conversion of a residential building into a non-residential
building, -No person shall convert a residential building into a G
non-residential building except with the permission in writing
of the Controller.'
'13. Eviction of tenants. - (1) A tenant in possession of a
building or rented land shall not be evicted therefrom in ex-
ecution of a decree passed before or after the commencement H
158 SUPREME COURT REPORTS [1993) 1 S.C.R.
A of this Act or otnerwise and whether before or after the
termination of the tenancy, except in accordance with the
provisions of this section.
(2) A landlord who seeks IO evict his tenant shall apply to
the Controller for a direction in that behalf. If the Controller,
B after giving the tenant a reasonable opportunity of showing
cause against the applicant, is satisfied -
(i) ..............
(ii) that the tenant has after the commencement of this Ace
c without the written consent of the landlord-
(a) ..............
(b) used the building or rented land for a purpose other than
D that for which it was leased. or
(iii) that the tenant has committed such acts as are likely to
impair materially the value or utility of the building or rented
land, or
E )-.
the Controller may make an order directing the tenant to put
the landlord in possession of the building or rented land and
if the Controller is not so satisfied he shall make an order
rejecting the application :
F
Provided that the Controller may give the tenant a
reasonable time for putting the landlord in possession of the -
building or rented land and may_ extend such time so as not to
exceed three months in the aggregate.
G
(3) (a) A landlord may apply to the Controller for an order
directing tenant to put the landlord in possession-
(i) in the case of a residential or a scheduled building if -
H (a) he requires it for his own occupation;
GULRAI GREWAL v. DR. HARBANS SINGH [VERMA, J.) 159
(b) he is not occupying another residential or a scheduled A
building, as the case may be, in the urban area concerned;
and
(c) he has not vacated such a building without sufficient cause
after the commencement of this Act in the said urban area:
B
(ii) in the case of a non-residential building or rented land, if-
(a) he requires it for his own use;
(b) he is not occupying in the urban area concerned for the C
purpose of his business any other such building or rented
land, as the case may be, and
xxx xxx xxx
'19. Penalties. - (1) If any person contravenes any of the D
provisions of sub-section (2) of section 9, sub-section (1) of
section 10, section 11 or section 18, he shall be punishable with
fme which may extend to one thousand rupees."
The East Punjab Urban Rent Restriction (Amendment) Act, 1956
-( (Punjab Act No. 29 of 1956) amended section 13 in the following manner:- E
2. Amendment of section 13 of East Punjab Act III of 19"9. - In
clause (a) of sub-section (3) of section 13 of the East Punjab
Urban Rent Restriction Act, 1949, hereinafter referred to as
the principal Act -
F
(i) (a) In sub-clause (i), the words 'or a scheduled' shall be
omitted.
(b) In sub-paragraph (b), the words 'or a scheduled' and the
words "as the case may be' shall be omitted. G
(ii) (a) In sub-clause (ii) the words 'a non- residential building
,
A or' shall be omitted.
(b) In sub-paragraph (b), the words ''building or' and the words
'as the case may be" shall be omitt< ;. H
160 SUPREME COURT REPORTS (1993) 1 S.C.R.
A (c) In sub-paragraph (c), the words 'a building or' shall be
omitted
(iii) For sub-clause (iii), the following shall be substituted,
namely:-
B '(iii) In the case of any building or rented land, if be require.~
it to carry out any building work at the instance of the Govern-
ment or local authority or any improvement Trust under some
improvement of development scheme or if it bas become unsafe
or unfit for the human habitation.'
c (iv) In sub-clause (iv), for the words 'any building", where they
first occur, the words "any residential buildinlf shall be sub-
stituted.
(v) In the second proviso, for the words 'a residential, a
D scheduled or non-residential building or rented land', the
words 'a residential building or rented land' shall be sub-
stituted.
Section 13 was again amended by the Punjab Urban Rent Restriction
E (Amendment) Act, 1957 (Punjab Act No. 21 of 1957) as under :- )-
"2. Amendment of section 13 of the East Punjab Act No. Ill of
1949. - After clause (c) of sub-paragraph (i) of paragraph (a)
of sub-section (3) of section l3 of the East Punjab Urban Rent
Restriction Act, 1949, the following shall be added, namely :-
F
"(d) it was let to the tenant for use as a residence by reason of ~-
his being in the service or employment of the landlord, and the
te!l3Dt has ceased, whether before or after the commencement
of this Act, to be in such service or employment:
G Provided that where the tenant is a workman who has been
discharged or dismissed by the landlord. from his service or
employment in contravention of the provisions of the Industrial
Disputes Act, 1947, he shall not be liable to be evicted until
the competent authority under that Act confirms the order of
H discharge or dismissal made against him by the landlord."
GULRAJ GREWAL v. DR. HARBANS SINGH [VBRMA, J.) 161
Thereafter, the East Punjab Urban Rent Restriction (Amendment) A
Act, 1966 (Punjab Act No. 6 of 1966) further amended section 13 of the
principal Act as under :-
"2.Amendment ofsection 13 of Punjab Act 3 of 1949. - In section
13 of the East Punjab Urban Rent Restriction Act, 1949, -
1
(i) in sub-section (3), -
(a) after sub-paragraph (i) of paragraph (a), the following
sub-paragraph shall be inserted, namely :-
"(i-a) In the case of a residential building, if the landlord is C
a member of the armed forces of the Union of India and
requires it for the occupation of his family and if he
produces a certificate of the prescribed authority,
referred to in section 7 of the Indian Soldiers (Litiga-
tion) Act, 1925, that he is serving under special condi- D
lions within the meaning of section 3 of that Act.
Explanation. - For the purposes of this sub-paragraph -
(1) the certificate of the prescribed authority shall be con-
clusive evidence that the landlord is serving under spe- E
cial conditions; and
(2) "family" means such relations of the landlord as ordinari-
ly live with him and are dependent upon him;";
(c) in the lin;t proviso in par31i!'apll (a);'~6'r ihe words "shall F •
not be :atitled", the wot& 1"'shlill 4 no't, except under
sub-paragraph (i-a), be: e'firltled" shall be substituted;
and 1
~ F)<, i·,1 f~>~oJl.·1"'
(c) after paragraph (b), the following new paragraph shall G
be added, namely :-
"(c) where an application is made under sub-paragraph (i-a)
of paragraph (a), it shall be wsposed of, as far as may
be, within a period of one month and if the claim of the
landlord is accepted, the Controller shall make an order H
162 SUPREME COURT REPORTS (1993) 1 S.C.R.
A directing the tenant to put the landlord in possession of
the building on a date to be specified in the crder and
such date slu!ll not be later than fifteen days from the
date of tlie order."; and
(2) -In sutrsectfon (4), for the words "does not himself occupy
B it or, if ~ssion", tlie words "does not himself occupy it or,
if possession was obtained by him for his family in pursuance
of an order under sub-paragraph (i-a) of paragraph (a) of
sub-section (3), his family does not occupy the residential
building, or, if possession' shall be substituted.'
c Then the East Punjab Urban Rent Restriction (Amendment) Act,
1985 (Punjab Act No. 2 of 1985) further amended section 13 and inserted
new section 13A in the principal Act as under :-
'Amendment of section 13 of Punjab Act 3 of 1949. 3. In the
D principal Act, in section 13, after sub- section (4), the following
sub-section shall be inserted, namely:-
"(4-A) Where a tenant is evicted from a residential or
scheduled building in pursuance of an order made under
section 13-A and the specified landlord or, as the case may
E be, the widow, widower, child, grandchild or widowed
daughter-in-law of such specified landlord :-
(a) does not occupy it for a contiouous period of three
months from the date of such eviction; or
F (b) within a period of three years from the date of such
eviction of the tenant, lets out the whole or any part of
such building, from which the tenant was evicted, to any
person other than the tenant;
such evicted tenant may apply to the Controller, for an
G
order directing that the possession of the building shall
be restored to him and the Controller shall make an
order accordingly."
Insertion of new section 13-A in Punjab Act 3 of 1949. 4. In
H • the principal Act, after section 13, the following section shall
GULRAJ GREWAL v. DR. HARBANS SINGH [VERMA, J.] 163
be inserted, namely:- A
---1 Right to recover immediate possession of residential or
scheduled building to accrue to certain persons. "13-A. Where a
specified landlord at any time, within one year prior to or within
one year after the date of his retirement or after his retirement
but within one year of the date of commencement of the East
B
Punjab Urban Rent Restriction (Amendment) Act, 1985,
whichever is later, applies to the Controller alongwith a certifi-
cate from the authority competent to remove him from service
indicating the date of his retirement and his affidavit to the
affect that he does not own and possess any other suitable c
-- accommodation in the local area in which he intends to reside
to recover possession of his residential building or scheduled
building, as the case may be, for his own occupation, there shall
accrue, on and from the date of such application to such
,.>.., specified landlord, notwithstanding anything contained
D
<
elswhere in this Act or in any other law for the time being in
force or in any contract (whether expressed or implied), custom
or usage to the contrary, a right to recover immediately the
possession of such residential building or scheduled building
or any part or parts of such building if it is let out in part or
parts: E
-\
-- Provided that in case of death of the specified landlord, the
widow or widower of suc!i specified landlord and in the case
of death of such widow or widower, a child or a grandchild or
a widowed daughter-in-law who was dependent upon such F
specified landlord at the time of his death shall be entitled to
make an application under this section to the Controller, -
2----\,
(a) in the case of death of such specified landlord, before the
commencement of the East Punjllb Urban Rent Restriction
(Amendment) Act, 1985 within one year of such comme.nce- G
ment:
.I.. _(b) in__..tlie case of death of such specified landlord, after such
oom;,,encement, but before the date of his retirement, within
one year of the date of his death; H
I
164 SUPREME COURT REPORTS [1993] 1 S.C.R.
A (c) in the case of death of such specified landlord, after such
commencement and the date of his retirement, within one year )-..
of the date of such retirement;
and on the date of such application the right to recover the
possession of the residential building or scheduled building, as
B the case may be, which belonged to such specified landlord at
the time of his death shall accrue to the applicant:
Provided further that nothing in this section shall be so ""'---
construed as conferring a right on any person to recover pos-
session of more than one residential or scheduled building
c inclusive of any part or parts thereof if it is let out in part or
parts:
Provided further that the controller may give the tenant a
reasonable period for putting the specified landlord or, as the
A
D case may be, the widow, widower, child, grandchild or widowed
daughter-in-law in possession of the residential building or
scheduled building, as the case may be, and may extend such
time so as not to exceed three months in the aggregate.
Explanation. - For the purpose of this section the expression
E 'retirement' means termination of service of a speCif!ed )-
landlord otherwise than by resignation.'
Further by this Amendment Act of 1985, special procedure for disposal of
applications under section 13A was prescribed and some other ancillary
amendments were also made.
F
The definitions in clauses (a), (d), (g) and (h) of Section 2 and the
material part of section 4 quoted above remain the same in the principal
Act as originally enacted even after these amendments, section 13, in so
-
far as ·it is material for the present case, as it stands amended in the above
manner now reads as under:-
G
'13. Eviction of tenants - (1) A tenant in possession of a
building or rented land shall not be evicted therefrom in ex- )._
ecution of.a decree passed before or after the commencement
of this Act or otherwise and whether before or after the
H termination of the tenancy, except in accordance with the
GULRAJ GREWAL v. DR. HARBANS SINGH [VERMA, J.] 165
provisions of this section, or in pursuance of an order made A
under section 13 of the Punjab Urban Rent Restriction Act,
1947, as subsequently amended.
(2) A landlord who seeks to evict his tenant shall apply to
the Controller for a direction in that behalf. If the Controller,
after giving the tenant a re.Sonable opportunity of showing B
cause against the applicant, is satisfied -
(i) ...............
(ii) that the tenant has after the commencement of this Act
without the written consent of the landlord - c
(a) ................
(b) used the building or rented land for a purpose other
than that for which it was leased, or
D
(iii) that the tenant has committed such acts as are likely to
impair materially the value or utility of the building or
rented land, or
xxx xxx xxx
E
(3) (a) A landlord may apply to the controller for an order
directing the tenant to put the landlord in possession -
(i) in the case of a residential building if -
(a) he requires it for his own occupation; F
(b) he is not occupying an other residential building, in the
urban area concerned; and
xxx xxx xxx
G
(i-a) in the case of a residential building, if the landlord is a
member of the armed forces of the Urlion of India and requires
it for the occupation of his family and if he produces a certifi-
cate of the prescribed authority, referred to in section 7 of the
Indian Soldiers (Litigation) Act, 1925, that he is serving under H
l
166 SUPREME COURT REPORTS [1993] 1 S.C.R.
A special conditions within the meaning of section 3 of that Act:
xxx xxx xxx
(ii) in the case of rented land, if -
B (a) he requires it for his own use:
(b) he is not occupying in the urban area concerned for the
purpose of his business any other such rented land; and "'--
(c) he has not vacated such rented land without sufficient
c cause after the commencement of this Act, in the urban
area concerned:
xxx xxx
"""'
(iv) in the case of any residential building, if he requires it for ~
D use as an office, or consulting room by his son who intends to
start practice as a lawyer or as a 'registered practitioner' within
the meaning of that expression as used in the Punjab Medical
Registration Act, 1916, or for the residence of his son who is
married, if -
E (a) his son as aforesaid is not occupying in the urban area )-
concerned any other building for use as office, consulting
room or residence, as the case may be; and
(b) his son as aforesaid has not vacated such a building without
- sufficient cause after the commencement of this Act, in the
F urban area concerned :
xxx xxx xxx'
The main argument of learned counsel for the appellant is that
omission of the words "or a scheduled' after the word 'residential' in
G section 13(3) (a) (i) by the 1956 Amendment while using those words.in
addition to the word 'residential' in section 13A, subsequently inserted in
1985, is a clear indication that the ground of eviction contained in section ;.__.
13(3) (II) (i) (a) of personal need of the landlord,is no longer available to
landlords in generiil after the i956 Amendment, even though a more
H expeditious remedy on that ground has been provided by section t3A from
GULRAJ GREWAL v. DR. HARBANS SINGH [VERMA, J.] 167
.1985 to the ...ategory of specified landlords alone. The retention of the A
---i ;eparate definition of 'scheduled building' in section 2{h} and use of that
expression elsewhere in the Act, including section 4 and section 13, is
referred in support of this submission. The question is whether this con-
struction is proper.
In section 2 which contains the defmitions, clause (a) defines B
'building'. Clause ( d) then defines 'non-residential building' to mean a
__/ building being used solely for the purpose of business or trade. Thus, to
be a non-residential building, it must be used solely for the purpose of
business or trade. Clause (g) defmes 'residential building' to mean any
building which is not a non-residential building. These definitions make it c
clear that all buildings are divided into two categories : 'non-residential'
and 'residential'. Buildings used solely for the purpose of business or trade
are 'non-residential' and the remaining buildings are all 'residential'. Ac-
__.__ cordingly, no building to which the Act applies is outside the classification
of 'non-residential' and 'residential'. Then comes clause (h) which defines D
'scheduled building' to mean a residential building which is being used
partly for a scheduled purpose. The definition of 'scheduled building' in
clause (h) itself makes it clear that it is a residential building as defmed in
clause (g) with the qualification that such a residential building is one
which is used partly for a specified purpose. In other words, 'scheduled E
-\ building' as defmed in clause {h) is merely a kind of 'residential building'
as defmed in clause (g), its characteristic being its part user for a scheduled
purpose. The reason to defme 'scheduled building' separately in clause {h}
is also evident from some provisions of the Act itself. The Act makes a
distinction for the purpose of determination of fair rent between a residen- F
tial building which is being used partly for a scheduled purpose and is,
.-z therefore, treated as a 'scheduled building' and the remaining residential
buildings which are not so used. This is clear from the scheme of section
4 itself providing for. determination of fair rent. This is also clear from the
fact that from the defmition of 'building' given in section 2{a), the only G
category excluded is a 'non-residential building' as defmed in section 2{d}
for the purpose of section 2{g} and not also 'scheduled ·building' defined
in section 2{h) and in section 2(h), a 'scheduled building' is defined to
,,i.. mean a residential building used partly for a scheduled purpose. A
separate definition of 'scheduled building' in clause (h} while making it H
I
168 SUPREME COURT REPORTS [1993] 1 S.C.R.
A clear therein that it means a residential building used partly for a specified
purpose does not, therefore, indicate that a scheduled building ceases to
be a residential building or is a category of building separate from a
residential building for the purpose of eviction of tenants in the scheme of
section 13 of the Act. This is the only manner in which a harmonious
I
B construction can be made of these provisions.
· The question now is of the effect of the 1956 Amendment which
omitted the words 'or a scheduled' in section 13(3) as indicated earlier.
The Statement of Objects and Reasons of the Amendment Act of 1956
clearly says that the provision allowing eviction on the ground of personal
C need has been misused by certain landlords and according to the Act
applicable to Delhi, the tenants of industrial and commericial premises
cannot be ejected on the ground of personal need, while in the Punjab,
such tenants can be evicted therefrom also on the ground of personal need.
To avoid hardship to such tenants, it was considered necessary that the
D tenants of non-residential property in the Punjab should be placed at par
with tenants of such property in Delhi. Thus, the object of this enactment
was to equate the Pnnjab tenants with Delhi tenants and exclude the
ground of landlord's personal need for eviction of tenants of non-residen-
tial property. To achieve this object deletion was made of the words other
E than 'residential' from section 13(3) providing for eviction of tenants from )-
buildings on the ground of landlord's personal need. Obviorsly, in view of
the definition of 'scheduled building' in section 2(h) being clear to indicate
that 'scheduled building' is a 'residential building', retention of the words
'or a scheduled' after 'residential' was considered superfluous while omit-
ting the words 'non-residential building' in other parts of section 13(3)
F
relating to the ground of personal need for eviction of the tenants from
buildings.
Subsequently, in section 13A, when inserted by 1985 Amendment,
the word 'scheduled' was also used after 'residential', may be, in view of
G the controversy like the present raised on the basis of the 1956 Amend-
ment, to avoid any such controversy therein. That does not, however, mean
that section 13 which must be construed in the manner indicated by us
should be read differently for that reason. In fact, insertion of section 13A
further reinforces the view we have taken. There would be no occasion to
_H provide an expeditious remedy for eviction of tenants of a category of
I
GULRAJ GREWAL v. DR. HARBANS SINGH [VERMA, J.] 169
landlords and to also provide for a special summary procedure for them A
unless the remedy of eviction on the ground of personal need was already
available generally to the landlords in section 13. It is significant that
section 13 was also amended by the 1985 Amendment by inserting sub-
section (4-A) therein as a result of insertion of the new section 13A in the
principal Act. Thus, the 1985 Amendment itself shows that section 13A is
not a separate and distinct provision but has to be read along with section B
13 of the principal Act forming a part of the general scheme contained in
section 13 for eviction of tenants on the ground of personal need from
buildings which are not non-residential. The construction we have made of
section 13(3)(a)(i), as it stood after the 1956 Amendment, is the only
construction which can be made to harmonise with the definitions in
section 2 which continue to remain as originally enacted and the other C
provisions of the Act which have been referred. The contention of learned
counsel for the appellant on this point is, therefore, rejected:
The result of the above discussion is that the respondent- landlord's
personal need being found proved, the ground of eviction contained in
section 13(3) (a) (i) (a) is available and the order of eviction passed against
the appellant can be sustained on this ground alone. The construction D
made by the High Court of Section 13(3) (a) (i) that it does not apply to
-{ a scheduled building is, therefore, erroneous.
The only surviving question is the availability of the ground of change
of user contained in section 13(2) (ii) (b) on which the order of eviction
has been passed by the High Court. In view of the above conclusion E
reached by us that the ground in section 13(3)(a)(i)(a) is made out, the
consideration of this question in the present.case appears nnnecessary. We
-~ have considered and decided that question in a connected matter - Bisham-
ber Das Kohli (Dead) by Lrs. v. Smt. Satya Bhalla. However, a brief
reference to the general principle·maY be apposite.
F
· If the express terms of lease restrict the user solely for purpose of
·residence, then use of any part thereof for even a scheduled purpose
_,l without the written consent of the landlord may amount to use of the
building for a purpose other than that for which it was leased. That,
however, is a question of fact in each case. In that case while the ground
of eviction in section 13(3)(a)(i)(a) would remain available to the landlord G
170 SUPREME COURT REPORTS (1993) 1 S.C.R.
A for eviction of the tanant, in view of the express covenant against user of j--
any part of the residential building even for a scheduled purpose. It may
make available also the ground of change of user under section 13(2) Cii)
(b) of the Act. In the present case, it is unnecessary to go into this further
question since the order of eviction can be sustained on the ground
contained in section 13(3)(a)(i)(a) alone as lj(ready indicated.
B
Consequently, the appeal is dismissed with costs. Counsel's fee Rs.
3,000.
U.R. Appeal dismissed.
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