Case Number: Civil Appeal Nos. 4634 of 2023

Name of Judges: Hon’ble Judges Sanjay Kishan Kaul and Ahsanuddin Amanullah

Order Date: 11.07.2023

Facts of the Case:

1. The Appellant filed a suit for eviction on grounds of bona fide necessity before the Additional Civil Judge-I, Jaipur, on 21.05.1985. The suit was dismissed on 30.10.2002, inter alia, on a finding that the plaint was not laid in accordance with Section 14(3) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (hereinafter referred to as ‘the said Act’), which proscribed the filing of a suit for eviction within five years from the date on which the premises were let out to the tenant. The Trial Court found that the premises were leased only on 08.06.1982 by the predecessor in interest of the Appellant. 
2. The Appellant thereafter succeeded in the first appeal before the Additional District Judge, Jaipur, in terms of the judgment dated 18.03.2004. This was based on a stated admission of the Respondent that he had initially leased the shop from one Udai Lal in 1958 and, thus, the suit could not be said to be hit by the restriction Under Section 14(3) of the said Act. The Court disagreed with the Respondent’s claim that the premises had been leased on 08.06.1982, finding that the original lease deed dated 08.06.1982 had not even been adduced before the trial court.

THE HON’ BLE SUPREME COURT OBSERVED AS FOLLOWS:

• We are of the view that the objective of Section 14(3) of the said Act, being the safeguarding of the tenant for five years, was subserved by the proceedings going on for the requisite period of time and beyond it within which the tenant could not have been evicted. As noticed, in fact the proceedings have gone on for 38 years, which itself is extraordinary. 
• We are thus of the view that the decree of eviction passed by the first appellate court dated 18.3.2004 should be affirmed and the Respondent be asked to hand over vacant and physical possession of the tenanted premises on or before 30.09.2023, and to call upon the Respondent to file an undertaking in order to avail of the benefit for further occupation till 30.9.2023 within two weeks. 
• The appeal is accordingly allowed leaving the parties to bear their own costs.