Our conclusions are crystallised as under:
(i) The words “for his own use” as occurring in Section 13(3)(a)(ii) of the East Punjab Urban Rent Restriction Act, 1949 must receive a wide, liberal and useful meaning rather than a strict or narrow construction.
(ii) The expression — landlord requires for “his own use”, is not confined in its meaning to actual physical user by the landlord personally. The requirement not only of the landlord himself but also of the normal “emanations” of the landlord is included therein. All the cases and circumstances in which actual physical occupation or user by someone else, would amount to occupation or user by the landlord himself, cannot be exhaustively enumerated. It will depend on a variety of factors such as interrelationship and interdependence — economic or otherwise, between the landlord and such person in the background of social, socio-religious and local customs and obligations of the society or region to which they belong.
(iii) The tests to be applied are: (i) whether the requirement pleaded and proved may properly be regarded as the landlord’s own requirement; and,
(ii) whether on the facts and in the circumstances of a given case, actual occupation and user by a person other than the landlord would be deemed by the landlord as “his own” occupation or user. The answer would, in its turn, depend on (i) the nature and degree of relationship and/or dependence between the landlord pleading the requirement as “his own” and the person who would actually use the premises; (ii) the circumstances in which the claim arises and is put forward; and (iii) the intrinsic tenability of the claim. The court on being satisfied of the reasonability and genuineness of claim, as distinguished from a mere ruse to get rid of the tenant, will uphold the landlord’s claim.
(iv) While casting its judicial verdict, the court shall adopt a practical and meaningful approach guided by the realities of life.
(v) In the present case, the requirement of the landlord of the suit premises for user as office of his chartered accountant son is the requirement of landlord “for his own use” within the meaning of Section 13(3)(a)(ii).” Joginder Pal (supra) was followed in many subsequent decisions and one close to the dispute in the instant case is Ajit Singh and another v. Jit Ram and another[3]. It has been held at paragraph-19:
“19. From the aforesaid decision of this Court (in Joginder Pal case), it is therefore clear that this Court has laid down authoritatively that a non- residential premises, if required by a son for user by him would cover the requirement of the words used in the section i.e. “for his own use” in reference to a landlord. …” In C. Karunkaran (dead) by Lrs. v. T. Meenakshi[4], one issue which arose for consideration was whether non-examination of the person for whose need the building was required was fatal. It was held that “mere non-examination of the person for whose need the building was required by itself was no ground to non-suit the landlady”. To quote:
“… Mere non-examination of the person for whose need the building was required by itself was no ground to non-suit the landlady. In a number of decisions, [this fact is acknowledged by the first appellate court also], it has been held that it is not necessary to examine the person for whose need the premises are required. It depends on the facts and circumstances of each case. …”.
In Gulraj Singh Grewal v. Dr. Harbans Singh and another[5], this Court had an occasion to see whether a landlord can be non-suited on the ground of non-examination of the son for whose benefit the premises is sought to be vacated. This Court held that in case the need has otherwise been established in evidence, the non-examination is not material. At the best, it is only a matter of appreciation of evidence. To the extent relevant, paragraph-8 reads as follows:
“8. Learned counsel for the appellant submitted that the personal need found proved is only of respondent 2, son of respondent 1, who did not enter the witness-box and, as stated in an affidavit filed in this Court, even he is carrying on his profession at a place about 25 kms. away from Ludhiana, in our opinion, this finding of fact is unassailable.
(i) The words “for his own use” as occurring in Section 13(3)(a)(ii) of the East Punjab Urban Rent Restriction Act, 1949 must receive a wide, liberal and useful meaning rather than a strict or narrow construction.
(ii) The expression — landlord requires for “his own use”, is not confined in its meaning to actual physical user by the landlord personally. The requirement not only of the landlord himself but also of the normal “emanations” of the landlord is included therein. All the cases and circumstances in which actual physical occupation or user by someone else, would amount to occupation or user by the landlord himself, cannot be exhaustively enumerated. It will depend on a variety of factors such as interrelationship and interdependence — economic or otherwise, between the landlord and such person in the background of social, socio-religious and local customs and obligations of the society or region to which they belong.
(iii) The tests to be applied are: (i) whether the requirement pleaded and proved may properly be regarded as the landlord’s own requirement; and,
(ii) whether on the facts and in the circumstances of a given case, actual occupation and user by a person other than the landlord would be deemed by the landlord as “his own” occupation or user. The answer would, in its turn, depend on (i) the nature and degree of relationship and/or dependence between the landlord pleading the requirement as “his own” and the person who would actually use the premises; (ii) the circumstances in which the claim arises and is put forward; and (iii) the intrinsic tenability of the claim. The court on being satisfied of the reasonability and genuineness of claim, as distinguished from a mere ruse to get rid of the tenant, will uphold the landlord’s claim.
(iv) While casting its judicial verdict, the court shall adopt a practical and meaningful approach guided by the realities of life.
(v) In the present case, the requirement of the landlord of the suit premises for user as office of his chartered accountant son is the requirement of landlord “for his own use” within the meaning of Section 13(3)(a)(ii).” Joginder Pal (supra) was followed in many subsequent decisions and one close to the dispute in the instant case is Ajit Singh and another v. Jit Ram and another[3]. It has been held at paragraph-19:
“19. From the aforesaid decision of this Court (in Joginder Pal case), it is therefore clear that this Court has laid down authoritatively that a non- residential premises, if required by a son for user by him would cover the requirement of the words used in the section i.e. “for his own use” in reference to a landlord. …” In C. Karunkaran (dead) by Lrs. v. T. Meenakshi[4], one issue which arose for consideration was whether non-examination of the person for whose need the building was required was fatal. It was held that “mere non-examination of the person for whose need the building was required by itself was no ground to non-suit the landlady”. To quote:
“… Mere non-examination of the person for whose need the building was required by itself was no ground to non-suit the landlady. In a number of decisions, [this fact is acknowledged by the first appellate court also], it has been held that it is not necessary to examine the person for whose need the premises are required. It depends on the facts and circumstances of each case. …”.
In Gulraj Singh Grewal v. Dr. Harbans Singh and another[5], this Court had an occasion to see whether a landlord can be non-suited on the ground of non-examination of the son for whose benefit the premises is sought to be vacated. This Court held that in case the need has otherwise been established in evidence, the non-examination is not material. At the best, it is only a matter of appreciation of evidence. To the extent relevant, paragraph-8 reads as follows:
“8. Learned counsel for the appellant submitted that the personal need found proved is only of respondent 2, son of respondent 1, who did not enter the witness-box and, as stated in an affidavit filed in this Court, even he is carrying on his profession at a place about 25 kms. away from Ludhiana, in our opinion, this finding of fact is unassailable.
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