NDLI: Shri Balaganesan Metals Vs. Shri M.n. Shanmugham Chetty & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Tamil Nadu Buildings (lease and Rent Control) Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Tamil Nadu Buildings (lease and Rent Control) Act, 1960 (18 of 1960)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Tamil Nadu Buildings (lease and Rent Control) Act, 1960: ss. 2(2) and 10(3)(a) & (c)-Eviction-Bona fide requirement for additional accommodation-Comparative hardship-Consideration of- 'Building'-Whether includes part of a building. Statutory Interpretation. ·Provisions of Statutes-Not to be interpreted so as to render any other provision otiose. Words & Phrases: Expression 'as the case may be'-Connection of Word 'Any'-Meaning of. Clause (c) of sub-s. (3) of s: 10 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, enables a landlord occupying only a part of a building, whether residential or non-residential, to seek eviction of a tenant occupying the whole or any portion of the remaining part of the building, notwithstanding anything contained in cl. (a), for bona fide requirement of additional accommodation. The first proviso thereto enjoins the Rent Controller to reject the application of the landlord under that clause even where the need is found to be genuine, if the hardship caused to the tenant would outweigh the advantage to the landlord: Sub-clause (i) of cl. (a) of s. 10(3) enables eviction from residential building if the landlord or any member of his family is not occupying a residential building of his own in the city, while sub-cl. (iii) enable eviction from non-residential building if the landlord or any member of his family is not occupying for purposes of a business a non-residential building in the city. A 'building' is defined ins. 2(2) to mean any building or hut or part of a building or hut, let or to be let separately for residential or non-residential purposes. The respondent-legatees of the landlady, using the first floor of the building for residence sought eviction of the appellant-tenant from the ground floor used by him as a godown for storing his business wares on the ground that they bona fide required additional accommodation for their residential needs. The Rent Controller upheld their claim. The Appellate Authority reversed the findings of the Rent Controller but in revision the High Court restored the order of eviction passed by the Rent Controller. In this Appeal by Special Leave it was contended that since the ground floor constituted a building by itself within the meaning of s. 2(2) of the Act, the respondents could seek eviction of the appellant only under s. 10(3)(a)(i) of the Act and not under s. 10(3)(c), that even if the respondents were entitled to invoke s. 10(3)(c) they could seek eviction only if they required the ground floor for non-residential purposes and not for residential purposes, that the factors of relative hardship between the parties weighed more in favour of the appellant than the respondents, and that the High Court was in error in interfering with the findings of fact rendered by the Appellate Authority while exercising its revisional powers under s. 25 of the Act.
Judge	Hon'ble Mr. Justice S. Natarajan
Neutral Citation	1987 INSC 127
Petitioner	Shri Balaganesan Metals
Respondent	Shri M.n. Shanmugham Chetty & Ors.
SCR	[1987] 2 S.C.R. 1173
Judgement Date	1987-04-23
Case Number	1314

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