Summary
The Court held that the initial five-year protection against a commercial tenant’s eviction on bona fide requirement had been satisfied during the protracted litigation, so a fresh suit was unnecessary. After thirty-eight years of proceedings it restored the first appellate eviction decree instead of remanding the second appeal, and allowed occupation until 30 September 2023 subject to an undertaking.
Issues
- Whether initial institution within the five-year period permanently defeated the eviction suit after that protection period had elapsed.
- Whether remand was necessary after answering the reference question in the landlord’s favour.
Provisions considered
- Section 14(3), Rajasthan Premises (Control of Rent and Eviction) Act, 1950The five-year statutory protection was fulfilled by the passage of the prescribed period during proceedings, removing the original impediment on these facts. (¶¶ 6, 15, 16, 17, 18)
- Article 142, Constitution of IndiaThe Court invoked complete-justice power in ending the prolonged dispute by affirming the eviction decree without another round before the High Court. (¶¶ 21, 22)
Held
- Section 14(3) aimed to protect a qualifying commercial tenant for five years from the tenancy’s commencement, subject to compliance with the lease. It was not intended to require a fresh action after the protection had already operated for the prescribed period during litigation. (¶¶ 15, 16, 17, 18)
- Even assuming the suit was initially premature, thirty-eight years had elapsed. The initial impediment was washed away by the passage of the protected period; requiring a fresh suit would multiply proceedings and defeat the provision’s purpose. The wording concerning a suit lying or being entertained did not change that conclusion here. (¶¶ 16, 17, 18)
- After resolving the legal issue, the Court found no further real question of law requiring remand in the second appeal; bona fide requirement had already been found for the landlord in the first appeal. The exceptionally prolonged dispute justified final disposal with Article 142 power. (¶¶ 20, 21)
- The first appellate eviction decree was affirmed. The tenant had to deliver vacant physical possession by 30 September 2023 and file an undertaking within two weeks to obtain the benefit of continued occupation until then. (¶¶ 22, 23)
Result
Appeal allowed; High Court judgment set aside and first appellate eviction decree affirmed. Possession due by 30 September 2023, with undertaking within two weeks for continued occupation until that date. Parties to bear their own costs.