006-SLLR-SLLR-1996-V-2-HAMEED-v.-CASSIM.pdf

Where the ownership of such premises was acquired by the land-lord, on a date subsequent to the specified date by purchase or byinheritance or gift other than inheritance or gift from a parentor spouse who had acquired ownership of such premises on adate prior to the specified date, provided
In this subsection specified date "means the date on which thetenant for the time being of the premises, or the tenant uponwhose death the tenant for the time being succeeded to the ten-ancy under section 36 of the Act or section 18 of the Rent Restric-tion Act (Chapter 274) came into occupation of the premises."
The Defendant became the tenant of the premises upon the death ofthe previous tenant, her mother, on 17.4.83. It is in evidence that theDefendant's mother became the tenant of the premises on the death ofher husband in 1978. Therefore learned counsel for the Appellant sub-mitted as the Plaintiff had by gift from her mother acquired ownershipprior to that in 1976, she was not barred by section 22 (7) from insti-tuting action to recover the said premises on the ground of reasonablerequirement for occupation as a residence.
Learned counsel for the Respondent on the other hand argued thaton a plain reading of section 22 (7) the word “came into occupa-tion" should be taken literally to mean the date on which either thepresent tenant or the tenant to whose tenancy rights the present ten-ant succeeded came into physical occupation, and the date of suchphysical occupation should be considered the" specified date." If thatinterpretation was accepted, he argued, the present tenant came intooccupation of the premises when her father was the tenant, about 25years prior to the day she gave evidence, that fact would be a bar toinstituting action under section 22 (1) (b). Although this interpretationhas its attractions, since the purpose of the Rent Act is to protectthe tenants, yet I am bound by the judgment of the Supreme Court inSenarat Nandadeva v GulamhusseinW, where it was held "in thedefinition of the expression specified date", the words "the date onwhich the tenant for the time being came into occupation of thepremises" can only mean the date on which the tenant for the timebeing came into occupation Qua Tenant. On that interpretation boththe Respondent and her mother became tenants of the premises afterthe Plaintiff acquired ownership of the premises by gift from her mother,who herself had acquired ownership of the premises upon Deed No.3292 dated 17.1.1942.
The learned District Judge was therefore in error in holding that thePlaintiff was debarred by section 22(7) from instituting the action againstthe Defendant. On the evidence led the issues framed should havebeen answered as follows.
yes
yes
yes
yes
At the rate of Rs. 62/49 per month from 1.3.85 till vacant possession is obtained.
yes
Does not arise
yes
Does not arise
yes
The judgement of the District Judge is set aside. Enter decree asprayed for in the plaint. The appeal is allowed with costs.
Appeal Allowed.