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AMICUS AI
Citation Codes
Neutral Citations
2002 INSC 534
Equivalent Citations
citation codes
Case Number
Disposition
Advocates
Judges
Acts
  • Section 14(8) of the Bihar Buildings (Lease, Rent and Eviction) Control Act
  • Section 11, Sub-section (1), Clause (c) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982
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Cites
Cited by
Citation Codes
Neutral Citations
2002 INSC 534
Equivalent Citations
citation codes
Case Number
Disposition
Advocates
Judges
Acts
  • Section 14(8) of the Bihar Buildings (Lease, Rent and Eviction) Control Act
  • Section 11, Sub-section (1), Clause (c) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982
Smart Summary

Factual and Procedural Background

The appellant landlords—three brothers and their sister, children of Ram Chandra Sao—purchased two adjoining shops that had been let out to the respondent tenants. The purchase was made to secure suitable premises for Akhilesh Kumar (Plaintiff 1), an educated but unemployed son, to commence an independent retail clothing business with financial assistance from his father. Invoking Section 11(1)(c) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982, they sought eviction of the tenants on the ground of bona fide personal requirement.

The Trial Court (Munsiff, Biharsharif) found the need genuine and passed a decree on 21-12-1996 directing partial eviction of the tenants. The tenants challenged the decree through a revision under Section 14(8) of the Act. The Patna High Court allowed the revision, setting aside the eviction decree on the grounds that (i) Plaintiff 1 was already assisting in his father’s existing business and (ii) alternative shops were allegedly available. The landlords obtained special leave and appealed to the Supreme Court.

Legal Issues Presented

  1. Whether the landlords had established a bona fide and reasonable requirement for the suit premises under Section 11(1)(c) of the Bihar Buildings Control Act, 1982.
  2. Whether the High Court, in its revisional jurisdiction, was justified in reversing the Trial Court’s findings on bona fide need and availability of suitable alternative accommodation.

Arguments of the Parties

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

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The Supreme Court held that the High Court’s approach was flawed and resulted in a miscarriage of justice. Its reasoning proceeded as follows:

  • Evidence of unemployment and need: Both Akhilesh Kumar and his father testified that Akhilesh was unemployed and desired to start his own business. Occasional assistance in the family’s potato and onion trade did not negate his right to establish an independent livelihood.
  • Choice of premises is the landlord’s, not the court’s: Once bona fide need is objectively proven, the landlord retains a reasonable subjective choice of which premises will satisfy that need. Courts cannot impose an alternative accommodation unless it is clearly suitable and available.
  • Assessment of alleged alternative shops:
    • One shop previously vacated was earmarked for Plaintiff 2, another educated unemployed son, and could not reasonably be diverted to Plaintiff 1.
    • A second shop built over a septic tank was practically inaccessible due to a deep ditch and remained unused; it was therefore unsuitable.
  • Limit on revisional interference: The Trial Court’s findings were comprehensive, based on all relevant evidence, and consistent with legal principles. The High Court exceeded its revisional jurisdiction by re-appreciating facts and substituting its own view without demonstrating perversity or legal error in the Trial Court’s decision.
  • Mischaracterisation of “desire” versus “need”: The High Court erroneously equated the landlords’ felt need with a mere desire. The Supreme Court reaffirmed that bona fide requirement is established when the landlord shows a genuine, reasonable necessity, which was satisfied here.

Holding and Implications

Appeal Allowed; Trial Court Decree Restored.

Consequently, the eviction decree in favour of the landlords is reinstated. The tenants are granted four months to vacate, subject to filing an undertaking within three weeks and paying rent arrears. The ruling reinforces the limited scope of revisional courts in interfering with factual findings on bona fide need and underscores that the landlord’s reasonable choice of premises should not be supplanted by judicial preference. No new legal precedent was announced, but the decision clarifies application of Section 11(1)(c) and the boundary of revisional jurisdiction under Section 14(8) of the Bihar Buildings Act.

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    Akhileshwar Kumar And Others v. Mustaqim And Others

    R.C Lahoti, J.— A decree for eviction upholding availability of ground under clause (c) of sub-section (1) of Section 11 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (hereinafter “the Act” for short) was passed in favour of the appellant landlords and against the respondent tenants by learned Munsiff, Biharsharif. A revision preferred under Section 14(8) of the Act has been allowed by the High Court and decree of the trial court set aside. The aggrieved landlords are in appeal by special leave.

    2. It would suffice to briefly sum up and notice the facts, as alleged and found proved by the trial court. Out of the four plaintiff-appellants, three are brothers and the fourth is the sister. They are all sons and daughter of Ram Chandra Sao. Ram Chandra Sao has been running a business of dealing in onions and potatoes. Out of his three sons, Plaintiff 1 passed BSc in 1984, Plaintiff 2 passed BA Hons. in 1994 and Plaintiff 3 passed matriculation in 1988. All the three sons are educated unemployed. The three brothers are in need of non-residential premises for running business, each of his own and separately from each other. The suit premises consist of two shops combined together which were let out to the respondent tenants by one Dr Bhuvnesh Kumar, the predecessor-in-title of the plaintiffs. The plaintiffs have purchased the suit premises through registered deed of sale for satisfying the requirement of Akhilesh Kumar, Plaintiff 1, who wants to start his own retail business of clothes with capital made available by the financial assistance from the father. The trial court found the requirement to be reasonable and in good faith. However, the trial court formed an opinion that partial eviction would satisfy the requirement of Akhilesh Kumar and, therefore, by a decree dated 21-12-1996 directed part of the suit premises, as specified in the decree of the trial court, to be vacated. The respondent tenants preferred a revision. The High Court has not dislodged the essential findings arrived at by the trial court that Akhilesh Kumar is an educated unemployed and is in need of settling himself independently in business. However, what has prevailed with the High Court in reversing the decree of the trial court may be noticed. The High Court holds that all the plaintiffs are engaged in supporting the father in potato and onion business which is being carried on in another premises and, therefore, it is difficult to believe that Plaintiff 1 wants to start any business of his own. Secondly, there are two other shops available to the plaintiffs wherein Plaintiff 1 could have started the business if at all he intended bona fide to do so. But that was not done. The High Court summed up its conclusion by observing that the requirement pleaded by the plaintiffs was not genuine; it was rather mere desire, the element of need being absent.

    3. In our opinion, the approach adopted by the High Court cannot be countenanced and has occasioned a failure of justice. Overwhelming evidence is available to show that Plaintiff 1 is sitting idle, without any adequate commercial activity available to him so as to gainfully employ him. Plaintiff 1 and his father both have deposed to this fact. Simply because Plaintiff 1 is provisionally assisting his father in their family business, it does not mean that he should never start his own independent business. What the High Court has overlooked is the evidence to the effect, relied on by the trial court too, that the husband of Plaintiff 4 i.e son-in-law of Ram Chandra Sao, was assisting the latter in his business and there was little left to be done by the three sons.

    4. So is the case with the availability of alternative accommodation, as opined by the High Court. There is a shop in respect of which a suit for eviction was filed to satisfy the need of Plaintiff 2. The suit was compromised and the shop was got vacated. The shop is meant for the business of Plaintiff 2. There is yet another shop constructed by the father of the plaintiffs which is situated over a septic tank but the same is almost inaccessible inasmuch as there is a deep ditch in front of the shop and that is why it is lying vacant and unutilized. Once it has been proved by a landlord that the suit accommodation is required bona fide by him for his own purpose and such satisfaction withstands the test of objective assessment by the court of facts then choosing of the accommodation which would be reasonable to satisfy such requirement has to be left to the subjective choice of the needy. The court cannot thrust its own choice upon the needy. Of course, the choice has to be exercised reasonably and not whimsically. The alternative accommodations which have prevailed with the High Court are either not available to Plaintiff 1 or not suitable in all respects as the suit accommodation is. The approach of the High Court that an accommodation got vacated to satisfy the need of Plaintiff 2, who too is an educated unemployed, should be diverted or can be considered as a relevant alternative accommodation to satisfy the requirement of Plaintiff 1, another educated unemployed brother, cannot be countenanced. So also considering a shop situated over a septic tank and inaccessible on account of a ditch in front of the shop and hence lying vacant, cannot be considered a suitable alternative to the suit shop which is situated in a marketing complex, is easily accessible and has been purchased by the plaintiffs to satisfy the felt need of one of them.

    5. We find it difficult to sustain the observation of the High Court that the requirement pleaded by the plaintiffs falls short of felt need and is merely a desire. The judgment of the trial court is a detailed and exhaustive judgment which has taken into consideration each and every available piece of evidence and relevant circumstances, assessed with objectivity, consistently with the relevant principles of law and hence the finding is one which could not have been upset by the High Court in exercise of its revisional jurisdiction. Moreover, as we have pointed out, the manner in which the High Court has proceeded to form an opinion at variance with the findings of the trial court is wholly unsustainable.

    6. The appeal is allowed. The impugned judgment of the High Court is set aside. Instead, the decree passed by the trial court is restored with costs throughout. The respondent tenants are allowed four months' time from today for delivering vacant and peaceful possession to the appellant landlords and in between clearing and continuing to clear the arrears of rent but subject to his filing the usual undertaking within a period of three weeks from today in the executing court.

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    Akhileshwar Kumar And Others v. Mustaqim And Others
    (Dec 12, 2002)