Tenanted premises can be used for another purpose than agreed in absence of negative covenant-SC

SEPTEMBER 18, 2018: The petition for eviction filed by the Landlord under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 was dismissed by the Rent Controller. The judgment of the Rent Controller was affirmed in appeal by the Appellate Authority, Faridabad and in revision by the High Court of Punjab and Haryana at Chandigarh. Aggrieved thereby the landlord filed appeal befote the Supreme Court .
Supreme Court held while dismissing the appeal for eviction, in RAVI CHAND MANGLA  Versus  DIMPAL SOLANIA & ORS. that “The main point urged on behalf of the Appellant is that the premises which was let out for saw mill is now being utilized for the purpose of manufacturing of grills which amount to change of user. Submissions were made before us by both sides on the interpretation of terms of the rent agreement. On a perusal of the agreement, we are convinced that there is no restriction placed on the Respondents-tenant to run business only relating to the saw mill. The tenant was given the liberty to carry on any other business as well. In the absence of any negative covenant the user does not amount to user for the purpose other than for which the premises was leased.  A premises taken on rent for ‘sugarcane crushing’ was used for cloth business in which case the landlord’s contention that there was change of user was rejected.… Read More Tenanted premises can be used for another purpose than agreed in absence of negative covenant-SC

Recovery of the possession under West Bengal Premises Tenancy Act 1997

Law Library West Bengal Premises Tenancy Act-1997 6. Protection of tenant against eviction – (1) Notwithstanding anything to the contrary contained in any other law for the time being in force or in any contract, no order or decree for the recovery of the possession of any premises shall be made [by the Civil Judge… Read More Recovery of the possession under West Bengal Premises Tenancy Act 1997

Flora Elias Nahoum & Ors. Vs. Idrish Ali Laskar [SC 2018 JANUARY]

KEYWORDS:- RENT CONTROL-eviction suit- subletting- DATE :-January 25, 2018- If one ground of eviction is held made out against the tenant, that ground is sufficient to evict the tenant from the suit premises. The sin qua non for proving the case of the sub-letting is that the tenant has either whole or in part transferred… Read More Flora Elias Nahoum & Ors. Vs. Idrish Ali Laskar [SC 2018 JANUARY]

Smt. Syed Sughra Zaidi Vs. Laeeq Ahmad (D) through LRS. & Ors [SC 2017 December]

KEYWORDS:- EVICTION SUIT- TENANCY-registered rent agreement-renewal of lease deed The courts below did not properly appreciate that after service of eviction notice on 09.04.1979 continuance of respondents’ possession in the demised premises had become illegal. The High Court did not appreciate that the respondents have sub-let the property to third party and are earning huge… Read More Smt. Syed Sughra Zaidi Vs. Laeeq Ahmad (D) through LRS. & Ors [SC 2017 December]

Rai Brij Raj Krishna and Another Versus Messrs. S. K. Shaw and Brothers [SC 1951 FEB]

Keywords: Rent Control-Jurisdiction The Act has entrusted the Controller with a ‘jurisdiction, which includes the jurisdiction to determine whether there is non-payment of rent or not, as well as the jurisdiction, on finding that there is non-payment of rent, to order eviction of a tenant. Therefore, even if the Controller, may be assumed to have… Read More Rai Brij Raj Krishna and Another Versus Messrs. S. K. Shaw and Brothers [SC 1951 FEB]