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There has been no further change in the circumstances for any additional require-ment.
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To the contrary change, which has taken place is against the petitioner. Consequently, it has been held that the accommodation with the petitioner is suitable, since the petitioner owns and possess another suitable and adequate accommodation in the same building and even his requirement is not genuine. The petitioner has filed objections to the finding recorded by the Rent Controller.
I have heard the learned counsel for the parties in length. Learned counsel for the petitioner has taken me through the entire oral and documentary evidence and has challenged the impugned order as well as the findings recorded on 31st May, contending that the terms 'suitability' and 'sufficiency' are the same.
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While deciding a petition under Section 15 2 of the Act, the Rent Controller is required to be satisfied that the specified landlord or his spouse does not own or possess any other suitable accommodation in the local area and while recording his satisfaction, it would also be permissible for the Rent Controller to see whether the other accommodation in occupation of the specified landlord or his spouse was or was not a sufficient accommodation for his requirement. It is not necessary while deciding such a petition to enter into the question of bona fide or otherwise of the requirement.
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Intention of Legislature has been made clear when similar words as are contained in Section 14 4 of the Act have deliberately been omitted from Section When eviction of a tenant is sought under Section 14 of the Act, the Controller is required to satisfy himself that the claim of the landlord is bona fide but while deciding a petition under Section 15 of the Act, there was no such requirement. It was urged that the entire approach of the Rent Controller has been erroneous since he has misdirected himself, while appreciating the evidence, by entering upon the question of bona fide of the petitioner's claim, which findings are vitiated.
As a matter of fact, it stood established that the petitioner, after retirement intends to settle down and start his business. The only suitable accommodation is the one in occupation of the respondent. Learned counsel for the respondent while refuting the submissions made by the petitioner's counsel urged that in view of the limited scope of the revision under Section 15 8 of the Act, findings of fact recorded by the Rent Controller, which are supportable on the evidence on record are not liable to be interferred with and moreover, keeping in view the scheme and object of the Act, it is incumbent for the Rent Controller, even while deciding a petition under Section 15 2 of the Act to examine the bona fides of the claim of a specified landlord.
In order to appreciate the submissions made on behalf the counsel for the parties, it will be necessary to make a reference to some of the provisions of the Act. Specified landlord has been defined in Clause i of Section 2 of the Act to mean a person, who is entitled to receive rent in respect of a buidling on his own account and who is holding or has held an appointment in public service or post in connection with the affiars of the Union or of a State,.
Section 14 of the Act is the general provision specifying therein various grounds available to landlord to seek eviction of a tenant s. Section 15 deals with the right to recover immedaite possession of the premises, which is available to certain categories of landlords. Sub-section 1 of Section 15 enables a person, who being in occupation of a residential premises allotted to him by the Central Government, State Government or any local authority to seek eviction of his tenant immediately, in case by any general or special order, he is called upon to vacate the allotted accommodation or in default to incur certain obligation on the ground that he or his spouse or dependent child owns, within the urban area concerned a residential accommodation.
Sub-section 1 of Section 15 reads as under;. Provided that nothing in this section shall be construed s conferring a right to the person, who himself or whose spouse or dependent child owns, within the urban area, two or more dwelling houses, to recover the possession more than one dwelling house, and it shall be lawful for such person to indicate the dwelling house, the possesion of which he intends to recover.
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Sub-section 2 of Section 15 reads:. Provided that in case of death of the specified landlord, the widow or widower of such specified landlord and in the case of death of such widow or widower, mother or father or a child or a grandchild ora widowed daughter-in-law who was dependent upon such specified landlord at the time of his death shall be entitled to make an application under this section to the Controller Provided further that nothing in this section shall be so construed as conferring a right, on any person to recover possession of more than one residential building 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 time for putting the specified landlord or, as the case may be, the widow, widower, child, grandchild or widowed daughter-in-law in possession of the residential building and may extend such time not exceeding three months in the aggregate.
Explanation -- For the purposes of this section, the expression "retirement" includes the voluntary retirement but does not include resignation, discharge or dismissal from service. Section 16 of the Act prescribes the special procedure applicable for the disposal of applications, where eviction is sought under summary provisions, namely, Section 14 3 a iii by a landlord, who is a member of Armed Forces and under Section 15 of the Act. Sub-section 8 of Section 16 says that no appeal shall lie against an order for the recovery of possessing of any premises made by the Controller in accordance with this summary procedure.
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It further says that the High Court may, for the purposes of satisfying itself that an order made by the Controller under this section is according to law, call for the records of the case and pass such orders in respect thereto as it thinks fit. In order to satisfy that the order passed by the Controller is or is not in accordance with law, it will be now necessary to first state the admitted factual position, which is based upon the evidence available on record. The petitioner purchased the building in which premises in question are located in its top floor, in the year It is a four storeyed building with one room in its sub-basement, which is admittedly a Godown.
Two floors of the building are below the level of main Boileauganj bazar, which are referred to as basement-I and basement-II. The floor facing the Boileauganj bazar is the ground floor and there is also one floor above that, which is the top floor of the building and is in occupation of the tenant from which his eviction has been sought. Prior to and at the time of purchase of the building, the landlord was residing in a rented accommodation in Kaithu area within the Municipal limits of Shimla. The petitioner sought eviction of one of his tenants, namely, Siri Ram from the residential accommodation located immediately below the gound floor, referred to above, as basement-II on the ground that accommodation was required by him for occupation of his family consisting of himself, his wife and three school going children and his old mother.
In addition to this, eviction was also sought on some other grounds. The ground that the building was required by the petitioner for his own occupation was upheld by the Rent Controller. Tenant's appeal before the Appellate Authority failed and even the Civil Rvision carried to this court by the tenant was dismissed, which decision is reported as Siri Ram v.
It is admitted by the petitioner that on vacation of the residential accommodation by Siri Ram tenant, the same was occupied by him in the month of June, Eviction of another tenant Balak Ram, who was in occupation of the ground floor was also sought on the ground that the accommodation was required bona fide by him for his own occupation, that the premises were originally leased out for business pur-. The Rent Controller ordered the tenants eviction on some of the ground.