*Jagdish Chander Chatterjee v. Kishan (1973) 1 SCR 850
*Not Printed
Civil Appeal No. 428 of 1971 decided on 10/08/1972
Headnote
(A) Civil P.C. (5 of 1908) , S.100— New plea in second appeal – Question as to termination of tenancy by valid notice being one of law can be allowed.
Brief Note – Where in a suit for ejectment of a tenant the plaint allegation as to termination of tenancy by a valid notice is neither denied nor any issue demanded thereon by the defendant, the point as to termination of tenancy being essentially one of law can be raised in second appeal and decided by the High Court without remanding the case.(Para 7)
(B) Rajasthan Premises (Control of Rent and Eviction) Act (17 of 1950) , S.3(vii)— Tenant – Meaning of – Suit for ejectment of tenant after termination of tenancy – Bona fide requirement of landlord – Death of statutory tenant in second appeal by landlord – His heirs and legal representatives, brought on record are not tenants – Pleas open to them -Right of statutory tenant to continue in possession under provisions of Actbeing personal to him cannot be claimed by them. Civil P.C. (5 of 1908) , O.22 R.4, O.22 R.11—
A person remaining in occupation of the premises let to him after the determination of or expiry of the period of the tenancy is commonly, though in law not accurately, called a “statutory tenant”. Such a person is not a tenant at all; he has no estate or interest in the premises occupied by him. He has merely the protection of the statute in that he cannot be turned out so long as he pays the standard rent and permitted increases, if any ,and performs the other conditions of the tenancy. His right to remain in possession after the determination of the contractual tenancy is personal; it is not capable of being transferred or assigned, and devolves on his death only in manner provided by the statute. AIR 1965 SC 414, Followed.(Para 9)
On the death of a statutory tenant pending eviction suit or appeal his heirs and legal representatives brought on record cannot claim the status of tenant within S. 3 (vii) of the Act as no rent is payable by them. If the rent was paid by them during the course of the proceedings it was not because they were recognised as tenants by the landlord but because the amount was received by him without prejudice to his rights under the orders of the court. Therefore, the only contentions that they could put forward in the second appeal by the landlord were the contentions appropriate to their representative character and not one which was personal to the deceased. The defence of want of bona fide requirement by the landlord was personal to the statutory tenant and on his death the same is not open to his legal representatives.(Para 10 11 12)
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