Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | I I and 2(g) and (d) East Punjab Urban Rent Restriction (Extension of Chandigarh) Act C 1974 (as amended in 1982)-Se.:tions I 3(3) (a) (i) (a) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Rent Control and Eviction : East Punjab Urban Rent Restriction (Extension of Chandigarh) Act, 1974 (as amended in 1982)-Sections 13(3) (a) (i) (a), 11 and 2(g) and (d)-'Shop-cum-flat' premises-Eviction petition on the ground of bonafide requirement for residential purposes-Entitlement of-Premises solely used for running a Hair Dressing Saloon-Recitals of letter of allotment, deed of conveyance and site plan showing that the premises was a non-residential building-No provision in the design plan for bedrooms, bathroom or kitchen- Held, the premises was not a residential building but was part of a non-residential building-Courts below were not justified in interpreting the expression 'shop-cum-flat' having regard to the dictionary meaning of the word 'flat'-Section 11 of the Act prohibiting conversion of a residential building into a non-residential building, has no application-Eviction petition dismissed. Interpretation of Statutes- Expression 'shop-cum-flat'-Interpretation of-Recourse to dictionaries- Held. undoubtedly a useful guide provided appropriate meaning which fits in the context is chosen. Words and Phrases: Expression 'shop-cum-flat -Meaning of. 'residential building'; 'non-residential building'-Meaning of in the context of Section 2(g) and (d) of the East Punjab Urban Rent Restriction (Extension of Chandigarh) Act, 1974.Appellant was a tenant of a portion of first floor of 'shop-cum-flat' premises owned by respondents. Appellant had been using the premises solely for the purpose of running a Hair Dressing Saloon from the very inception of the tenancy. Respondent-landlords filed eviction petition on the ground of bona fide requirement for residential purposes under Section 13(3)(a)(i)(a) of the East Punjab Urban Rent Restriction (Extension to Chandigarh) Act, 1974 (as amended in 1982). Appellant contested the eviction petition inter alia on the ground that the tenanted premises was a non-residential building and, therefore, eviction could not be sought under the said provisions. However, Rent Controller passed an eviction order holding that the premises was part of a residential building and the bona fide requirement of landlords had been established. Appellant unsuccessfully filed an appeal and revision. Hence the present appeal.On behalf of the appellant-tenant it was contended that the letter of allotment, the conveyance deed and the site plan clearly show that the building was a non-residential premises and thus, the courts below erred in holding that 'shop-cum-flat' premises was a residential building. |
Judge | Hon'ble Mr. Justice S.S.M. Quadri |
Neutral Citation | 2002 INSC 72 |
Petitioner | Shabir Ahmad |
Respondent | Sham Lal And Anr. |
SCR | [2002] 1 S.C.R. 910 |
Judgement Date | 2002-02-08 |
Case Number | 1605 |
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