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citation codes
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  • section 13(1)(g) of the Bombay Rent Act.22.
  • section 13(1)(g) of the Bombay Rent Act.
  • section 13(1)(g).(8)
  • section 13(1)(g)
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Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Case Number
Judges
Acts
  • section 13(1)(g) of the Bombay Rent Act.22.
  • section 13(1)(g) of the Bombay Rent Act.
  • section 13(1)(g).(8)
  • section 13(1)(g)
Smart Summary

Factual and Procedural Background

This opinion arises from a suit filed under section 13(1)(g) of the Bombay Rent Act, concerning the landlord's bona fide requirement of the premises for occupation. The respondent, who is the landlady, did not personally testify, relying instead on her son Ramanlal as her constituted attorney. The suit was initially decreed in part by the appellate court, but this petition challenges that decision, seeking restoration of the original decree dismissing the suit.

Legal Issues Presented

  1. Whether the requirement for occupation under section 13(1)(g) must be the landlord's own requirement and not that of another person.
  2. Whether occupation "by himself" includes occupation by members of the landlord's family or others for whom the landlord has a legal or moral obligation.
  3. Whether the landlord's bona fide and reasonable requirement for occupation has been satisfactorily proved in the absence of the landlord's own testimony.
  4. The applicability and interpretation of section 13(1)(g) of the Bombay Rent Act in the context of this case.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
47 BLR 825 General principles relating to landlord's bona fide requirement under section 13(1)(g). Reviewed to establish propositions about landlord's requirement and occupation.
Institute of Radio Technology v. Pandurang Baburao, AIR 1953 Nag. 144 Interpretation of landlord's requirement for occupation. Considered in enumerating propositions on bona fide requirement.
Balbhadra Beharilal v. Premchand Lalchand, AIR 1951 Nag. 22 Clarification of landlord's occupation rights under rent laws. Used to support legal propositions on occupation by landlord or family.
Shankarlal Shionorayan Rathi v. Addl. Deputy Commissioner, AIR 1951 Nag. 51 Application of bona fide requirement in landlord-tenant disputes. Referenced to define scope of landlord's requirement.
V.M Deshmukh v. K.M Kothari, AIR 1955 Patna 496 Legal standards for proving bona fide requirement. Reviewed to emphasize landlord's duty to depose evidence.
Bidubhuscm Sen v. Commissioner of Patna Division, (1967) VIII Gujrat Law Reporter 620 Link between landlord's interest and occupation requirement. Used to establish nexus requirement between landlord and occupation.
Mohanlal Narottamdas v. Bechardas, Civil Revision Application No. 751 of 1950 (Chagla C.J.) Requirement of landlord's personal testimony in proving bona fide requirement. Applied to hold that landlord's attorney's testimony is insufficient.
Jayantilal Muljibhai v. Ochheylal Vithadas Parikh, (1976) 4 SCC 435, AIR 1976 SC 2368 Interpretation of "occupation by himself" and bona fide requirement. Guided the court's propositions on family occupation and landlord's requirement.
Shantilal Thakordas v. Chimcmlal Maganlal Tolwdla Obligation of landlord to provide accommodation and its effect on bona fide requirement. Considered in relation to moral or legal obligation of landlord.

Court's Reasoning and Analysis

The court meticulously reviewed multiple precedents to establish clear propositions governing the interpretation of section 13(1)(g) of the Bombay Rent Act. Central to these propositions is that the bona fide requirement for occupation must emanate from the landlord personally, not from any other person on the landlord's behalf. The phrase "for occupation by himself" is interpreted broadly to include the landlord's family or persons for whom the landlord has a legal or moral obligation.

The court emphasized the necessity of a nexus between the landlord's interests and the occupation of the premises. Without such a nexus, the requirement under section 13(1)(g) is not fulfilled. Importantly, the landlord must personally testify or provide legal evidence to prove this bona fide requirement; delegation of authority to conduct the case does not extend to delegating the duty to depose evidence.

In this case, the respondent landlady did not appear as a witness, and her son Ramanlal's testimony was insufficient to establish the bona fide requirement. The evidence failed to show any dependency, inter-relationship of interests, or obligation on the landlady's part to provide accommodation to Ramanlal. Consequently, the court found that the respondent failed to prove the bona fide and reasonable requirement of the premises under section 13(1)(g).

As a result, the suit for possession was dismissed. The court also noted that since the suit was liable to be dismissed, it was unnecessary to decide the issue of comparative hardship, though it acknowledged the appellate court's attempt to balance hardships by decreeing possession for part of the premises.

Holding and Implications

The court held that the respondent failed to prove the bona fide and reasonable requirement of the suit premises under section 13(1)(g) of the Bombay Rent Act, and accordingly dismissed the suit.

The decree passed by the appellate court was set aside, and the original decree dismissing the suit was restored. The parties were directed to bear their own costs in all courts. This decision underscores the necessity for the landlord's personal testimony or legal evidence to establish bona fide requirement, reinforcing the principle that such requirement cannot be proved solely through an agent or attorney. No new precedent was established beyond the application of existing legal principles to the facts of this case.

    Nanalal Goverdhanlal And Co. And Others v. Samratbai Lilachand Shah .

    [Having in paragraphs 1 to 20 referred to the facts and considered the following decisions, 47 BLR 825, Institute of Radio Technology v. Pandurang Baburao, AIR 1953 Nag. 144, Balbhadra Beharilal v. Premchand Lalchand, AIR 1951 Nag. 22, Shankarlal Shionorayan Rathi v. Addl. Deputy Commissioner, AIR 1951 Nag. 51, V.M Deshmukh v. K.M Kothari, AIR 1955 Patna 496, Bidubhuscm Sen v. Commissioner of Patna Division, (1967) VIII Gujrat Law Reporter 620, Mohanlal Narottamdas v. Bechardas. Civil Revision Application No. 751 of 1950 decided on 23-11-1950 by Chagla C.J, Jayantilal Muljibhai v. Ochheylal Vithadas Parikh and (1976) 4 SCC 435 : AIR 1976 SC 2368, Shantilal Thakordas v. Chimcmlal Maganlal Tolwdla, the Judgment proceeds:—]

    21. I must now proceed to enumerate the propositions which can be said to have been established by the various decisions which I have taken the opportunity of reviewing so far:

    (1) The requirement mentioned in section 13(1)(g) must be the requirement by the landlord and not the requirement by somebody else.

    (2) The words “for occupation by himself” do not restrict the proposed occupation to the occupation of landlord alone but may include the occupation by members of his family.

    (3) When there is a dependant of the landlord the requirement for his occupation may be the requirement by the landlord.

    (4) In a given case members of the family of the landlord may not be joint in residence but the condition of the requirement for occupation by himself is satisfied if the members are joint in estate.

    (5) In a given case the landlord may be dependent upon a person for whose use and occupation the premises are sought to be recovered. In such a case the condition in section 13(1)(g) can be said to be satisfied if it could be shown that it was necessary for the landlord that the other person should occupy the premises. Implicit in this proposition is the case of an old person requiring the presence of some person in or near the premises which is occupied.

    (6) Even if emotionally the landlord feels that a relation of his, such as his daughter or son-in-law, should stay with him, it can be regarded as the requirement by the landlord of the premises for occupation by himself.

    (7) In case of non-residential premises if the landlord's interests are shown to be linked with the occupation of those premises by some one for whom he is seeking the possession of the suit premises such as a partner, then it can be said that the requirement of the landlord for occupation by himself is established within the meaning of section 13(1)(g).

    (8) If there is a moral or legal obligation on the landlord to provide accommodation to a particular person then the requirement by the landlord for occupation of that person may squarely fall under section 13(1)(g) of the Bombay Rent Act.

    22. Underlying the above propositions is the basic fact that the requirement is by the landlord and not by somebody else on his behalf. It may be the requirement for somebody else but not by somebody else. In all cases the requirement must be by the landlord himself. It is also implicit in the above propositions which have emerged from the examination of the various-cases that there must be a nexus between the interests of the landlord and the occupation of the premises by himself or by somebody else. If there is no nexus of the interests of the landlord with the occupation of the premises, then the condition mentioned in section 13(1)(g) cannot be said to have been fulfilled. section 13(1)(g) says that the premises must be reasonably and bona fide required by the landlord. The bona fide requirement is in the first place a state of mind though it may be something more. It must, therefore, be deposed to by the person who is requiring the premises under-section 13(1)(g) namely, the landlord. If the landlord does not step into the witness-box to bring before the Court legal evidence for proving his requirement, then it cannot be said that he reasonably and bona fide requires the premises as mentioned in section 13(1)(g). The landlord can delegate the authority to conduct a case but he cannot delegate the duty to depose.

    23. While examining the rival contentions of the parties, I have mentioned in sufficient details the evidence that has come on record in this case. However, it would be useful if I enumerate again the facts which have been established. The respondent, who is the landlady, has not been examined in support of her case nor has she been examined as a witness on commission. On this ground alone the suit of the respondent ought to have been dismissed because the bona fide requirement which, as I have mentioned above, is a state of mind and something more must be proved in this case. Ramanlal, the respondent's son, is said to be her constituted attorney but that could only be for the purpose of conducting the case but his evidence cannot be substituted for the legal evidence of the landlady herself.

    24. Even if the material which has been brought on record by the examination of Ramanlal in support of the respondent's case is considered, it does not show that:

    (a) the respondent is a dependent on Ramanlal or on his business or that Ramanlal is depending on the respondent for his livelihood or on any part of her income;

    (b) any inter-relationship between the interests of the respondent and the occupation of the suit premises by Ramanlal exists;

    (c) that there is any obligation on the part of the respondent to provide accommodation to Ramanlal (the will at the most speaks of provision of certain monetary assistance).

    Considering all the facts and circumstances which have been brought on record in legal evidence I am satisfied that the case of the respondent does not fall under one or the other of propositions enumerated by me above. I have, therefore, no hesitation in holding that the respondent has failed to prove the bona fide and reasonable requirement of the suit premises for occupation by herself or for any other person within the meaning of section 13(1)(g) of the Bombay Rent Act. Therefore, the suit will have to be dismissed.

    25. In view of the fact that the suit is liable to be dismissed, it becomes unnecessary to refer to the question of comparative hardship. If, however, that question is to be decided, I am inclined to agree with the finding of the learned appellate Judge who has by decreeing the suit for part of the premises only struck a just balance between the hardship that may be caused to Ramanlal and to the petitioners.

    26. In the result, this petition must succeed. The decree passed by the learned 2nd Extra Joint Judge of Pune in Civil Appeal No. 19 of 1977 is set aside and the decree passed by the Additional Judge of the Court of Small Causes in Regular Civil Suit No. 3146 of 1974 is restored. On the facts and circumstances of the case, however, the parties shall bear their own costs in all the Courts.

    Petition allowed.
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    Comments

    Nanalal Goverdhanlal And Co. And Others v. Samratbai Lilachand Shah .
    (Mar 18, 1980)