In view of the foregoing discussion, we hold that in a case where eviction has been sought both on the grounds of bona fide requirement by the landlord for occupation of the premises for himself or any member of his family, as required under Section 12(1)(e) of the Act and for carrying out repairs, as enumerated under Section 12(1)(g) of the Act, the court is required to consider both the grounds on merits, as they are mutually exclusive, but not destructive of each other. In case decree for eviction is passed only under Clause (e), the landlord would be entitled to move into the premises without or after making any repairs and the provisions of Section 17 of the Act would apply. But if the same is passed under Clause (g) alone, the provisions of Section 18 would apply. However, in case decree is passed under Clauses (e) and (g) both, in that eventuality, the same shall be deemed to have been passed mainly under Clause (e), as such the provisions of Section 17 of the Act would alone apply and not Section 18 thereof.
IN THE SUPREME COURT OF INDIA
Civil Appeal No. 2876 of 2001
Decided On: 08.04.2009
Kusum Devi Vs. Mohan Lal (Dead) by L.Rs.
Hon'ble Judges/Coram:
B.N. Agrawal and G.S. Singhvi, JJ.
