Case Note & Summary
The dispute arose between Umed Singh, a tenant, and Arya Samaj Sewa Sadan, a society that sought his eviction under the Haryana Urban (Control of Rent) & Eviction Act, 1973 for non-payment of rent and bona fide requirement for a library. Umed Singh was initially inducted as a tenant by Sewa Ram, who later bequeathed the property to the respondent-society. The society filed an ejectment suit in 1994, which led to a series of legal proceedings, including a dismissal of a similar suit against another tenant, Mohan Lal. The Rent Controller decreed eviction against Umed Singh in 2000, which was upheld by the appellate authority and later by the High Court. Umed Singh's Revision Petition was dismissed, but he later filed a Review Petition based on the outcome of Mohan Lal's case. The High Court referred the matter to a Full Bench to clarify the interpretation of 'own occupation' in the context of a juristic person. The Full Bench concluded that non-commercial use, such as running a library, could be considered 'own occupation' under the Act. Umed Singh's appeals against the High Court's decisions were dismissed, affirming the Full Bench's interpretation. The court found that the society's intended use of the premises for a library did not constitute a commercial activity, thus falling within the provisions of the Act. The court upheld the Full Bench's reasoning and dismissed the appeals without costs.
Headnote
A) Rent Control - Eviction of Tenants - Interpretation of 'Own Occupation' - Haryana Urban (Control of Rent) & Eviction Act, 1973, Section 13(3)(a)(i) - The court examined whether a juristic person could claim 'own occupation' for non-commercial purposes, concluding that such use falls within the ambit of the Act. The Full Bench's interpretation was upheld, clarifying that non-commercial use does not equate to non-residential use (Paras 1-4).
Issue of Consideration
Whether the expression 'own occupation' in relation to a corporate body can be interpreted to include non-commercial purposes under the Haryana Urban (Control of Rent) & Eviction Act, 1973.
Final Decision
The Supreme Court dismissed the appeals filed by Umed Singh, affirming the Full Bench's interpretation of 'own occupation' under the Haryana Urban (Control of Rent) & Eviction Act, 1973. The court held that the society's intended use of the premises for a library constituted non-commercial use, thus falling within the provisions of the Act. There was no order as to costs.
Law Points
- Eviction
- Tenant Rights
- Interpretation of Statutes
- Juristic Person
- Non-Commercial Use
