Shanmughan And Others v. S. Satyanarayana Prasad.

The contention urged by Mr. R.V Seshadri, on behalf of the tenants, is that the original order passed on the basis of the undertaking given under S. 14(2) (b) of the Act must be regarded only as personal to the applicant and that it cannot be availed of by his successors-in-interest. This contention is sought to be supported by reference to S. 14(2) (b) and S. 33 (3) (b). S. 14 (2) (b) requires the landlord to give an undertaking that the work of demolishing will be commenced within one month of the delivery of possession to him. S. 33(3) (b) provides penalty for not conforming to the undertaking. In the present case, the tenants have not yet delivered vacant possession and the question whether the landlord is going to fulfil the terms of his undertaking or not cannot now fall for consideration. But it is argued that in asmuch as the sanction provided under S. 33(3) (b) can only be against the person giving the undertaking, the present landlord Satyanarayana will not be bound by that undertaking and the penalty provided in S. 33 (3) (b) will not be available against him. That may be so. If there be default in the performance of the obligations undertaken under S. 14(2)(b) Asgar Ali, the previous landlord can certainly be proceeded against under S. 33 (3) (b). It will be his duty to see that his vendee implements the undertaking given by him. The statute has imposed stringent conditions before the landlord, who lets out his building to a tenant, can recover possession of the same. But at the same time there is nothing in it which prohibits the former from disposing of the property in the way in which he is entitled to under the law. For example, there is nothing in the statute which says that the landlord cannot sell his property because he has filed an application for eviction of his tenant or has obtained an order for the same. In other words, the fact that an application for eviction of the tenant has been filed on the ground that the building required immediate demolition and reconstruction cannot also take away the power of the landlord under the general law to transfer the building in any manner he may choose. A landlord who satisfies the Controller that the building requires immediate demolition and reconstruction and obtains an order, will be bound to comply with the undertaking. If he sells the property, the sale is not invalid; nor will the order for eviction be deemed to lapse. It is true that the sanction provided under S. 33 will not avail against the purchaser. But it can certainly be used against the landlord who gave the undertaking whose duty it will be to see that the purchaser conforms to his undertaking. The tenants who have been evicted will also have their remedy if the building were not taken up for demolition and reconstruction. Mr. Seshadri, however, argues that in case where there has been a sale of the property by the landlord who obtained an order under S. 14(2)(b) for eviction, the purchaser will have to satisfy the executing Court by giving a separate undertaking that he requires the building for demolition or reconstruction. I am unable to see any warrant for this contention in any of the provisions of the statute. The Court below was in the position of an executing Court. It had no right to go into the question as to whether the finding reached by the Rent Controller on the question whether the need of the landlord was bona fide or not, was correct or not. Its duty is to execute the order for eviction as it stands. If there has been a devolution of interest of the landlord, it will equally be the duty of the executing Court to execute the order of eviction at the instance of the successor. I cannot, therefore, see any error in the order of the lower Court to merit interference in revision. The petitions fail and are dismissed with costs. (One Advocate's fee to be divided equally). Learned Counsel for the petitioners asks for time to give vacant possession. The petitioners will have two months' time to give vacant possession of the building.

V.C.S