LexDR RS GREWAL & ORS. versus CHANDER PARKASH SONI & ANR.
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A B C D E F G H 130 SUPREME COURT REPORTS [2019] 6 S.C.R. DR RS GREWAL & ORS. v. CHANDER PARKASH SONI & ANR. (Civil Appeal No. 11086 of 2018) APRIL 16, 2019 [DR DHANANJAYA Y CHANDRACHUD AND HEMANT GUPTA, JJ.] Landlord-Tenant Dispute: Rent control legislation – Protection under – Maintainability of suit for possession – In the instant case, by virtue of a Will, the testator bequeathed his property to his son subject to a right of residence to his widowed daughter – The daughter was given a life interest in the suit property and right to spend income from rent on herself – However, as per the Will, she was not entitled to transfer, mortgage, sell or gift the property – Whether with the death of the widowed daughter, the tenant would become a trespasser on the property and liable to be removed in consequence of the decree for possession – Held: The life estate granted to testator’s daughter enabled her to create a tenancy and receive rent from the tenant on the property – She fulfilled the description of a ‘landlord’ under s.2(c) of the 1949 Act – Therefore, after her death, the tenant is entitled to statutory protection – That status could not be disrupted or brought to an end except on grounds specified in the enactment – A suit for possession on the basis that the tenant was a trespasser after the death of testator’s daughter was, therefore, not maintainable – The remedy of the appellants (grandson and great grandson of testator) was to pursue eviction proceedings on the grounds contemplated by the 1949 Act – East Punjab Urban Rent Restriction Act 1949 – s.2(c) – Hindu Succession Act, 1956 – s.14. Landlord-Tenant Dispute: Meaning of the concept of a statutory tenant – Explained – East Punjab Urban Rent Restriction Act 1949 – s.2(i). East Punjab Urban Rent Restriction Act 1949: s.2(c) – Landlord – Meaning of – Held: A landlord within the meaning of s.2(c) is not necessarily the owner of the property – The definition of the expression ‘landlord’ is relatable to an entitlement to receive rent in respect of any building or rented land. [2019] 6 S.C.R. 130 130 A B C D E F G H 131 Dismissing the appeals, the Court HELD: 1. The definition of the expression ‘landlord’ is relatable to an entitlement to receive rent in respect of any building or rented land. The inclusive definition of ‘landlord’ under Section 2(c) would take in its sweep the daughter of the testator who held a life interest in the property. [Para 12][141-A-B] KD Dewan v Harbhajan S Parihar (2002) 1 SCC 119 : [2001] 4 Suppl. SCR 241 ; Shivdev Kaur (Dead) by LRs v RS Grewal (2013) 4 SCC 636 : [2013] 5 SCR 267 – relied on. Ranvir Dewan v Rashmi Khanna (2018) 12 SCC 1 – referred to. 2. The provisions of the East Punjab Urban Rent Restriction Act 1949 are available to the tenant. The tenant has a protected status. That status cannot be disrupted or brought to an end except on grounds specified in the enactment. The first respondent in whose favour the tenancy was created would be covered under the definition of the expression ‘tenant’ in Section 2(i) of the East Punjab Urban Rent Restriction Act 1949. The status of a statutory tenant enures as a consequence of rent control legislation. The East Punjab Urban Rent Restriction Act 1949 aims at regulating conditions of tenancy, controlling rents and preventing unreasonable eviction of tenants. For the advancement of these objects, tenants are invested with rights and landlords are subjected to obligations. The first respondent in whose favour a tenancy was created acquired a status of a statutory tenant and that status does not stand obviated by the death of testator’s daughter. The remedy available to the appellants to remove the first respondent from the property is by pursuing eviction proceedings on one or more of the grounds available in the enactment. [Para 14][145-D-F; 146-A-B] B Bal Reddy v. Teegala Narayana Reddy (2016) 15 SCC 102 ; Nandkishor Savalaram Malu (Dead) through Legal Representatives v. Hanumanmal G Biyani (Dead) through Legal Representatives (2017) 2 SCC 622 : [2016] 7 SCR 813 ; V. Dhanapal Chettiar v. Yesodai Ammal (1979) 4 SCC 214 : [1980] 1 SCR 334 ; Gian DR RS GREWAL v. CHANDER PARKASH SONI A B C D E F G H 132 SUPREME COURT REPORTS [2019] 6 S.C.R. Devi v. Jeevan Kumar (1985) 2 SCC 683 : [1985] 1 Suppl. SCR 1 – relied on. Krishna Prosad v. Sarajubala AIR 1961 Cal 505 – approved. 3. A statutory protection granted for the benefit of the tenants under specific tenancy laws is to be vie
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