Supreme Court gives Important Verdict on Change in usage of Rented Premises
Spreme Court gives Important Verdict on Change in usage of Rented Premises
The Supreme Court of India gave an important verdict whereby any changes or use of residential or business land by the tenant without prior written permission taken from the owner may lead to him being asked to vacate the said land or property.
Setting aside the ruling of the Allahabad High Court on this matter, the Supreme Court Panel of Judges comprising of Chief Justice Mr. V. N. Khare and Justice Mr. Ashok Bhaan gave the owner the right to ask the tenant to vacate the residential land or business establishment if any changes are done to it without the owner’s permission.
The above verdict was in context of the case between Mr. Bharat Lal Baranwal vs. Virendra Kumar Aggrawal. In 1970, Mr. Baranwal had given Mr. Aggrawal one of his three rooms on rent for using as a book store.
But in 1976 Mr. Aggrawal, without the permission of his owner Mr. Baranwal, started paper production in the room taken on rent. Also in 1986, He brought a printing machine and started utilising all the three rooms owned by Mr. Baranwal.
Mr. Baranwal filed a petiton in the Appellate Court. However, the Appellate Court quashed his petition saying that using the rented premises for mechanised paper production by Mr. Aggrawal was in no way a violation of the Rent Laws.
Mr. Baranwal appealed in the Revision Court. The Revision Court set aside the Appellate Court decision and gave rights to the owner to ask the tenant to vacate the rented premises.
However, the Allahabad High Court set aside the Revision Court Jugdement and ratified the Appellate Court Verdict.
Then Mr. Baranwal appealed in the Supreme Court. Referring to Article 20 (2)(D) of the Urban Building Act, the Supreme Court gave its verdict that Mr. Aggrawal had violated the Rent Laws by using the other rooms along with the room rented to him by Mr. Baranwal and thus ratified the Revision Court’s earlier Verdict.
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Re : Tenant can be evicted to start business: SC
Tenant can be evicted to start business: SC
New Delhi, October 12
A tenant can be evicted if the landlord wants to start his own business even in a field in which he or she has no prior experience, the Supreme Court has ruled.
A bench of Justices Markandeya Katju and Asok Kumar Ganguly has held that if a landlord has a bonafide need of his rented premises for starting a new business and is able to prove his claim convincingly, he cannot be denied the privilege.
It is not necessary that a person to succeed in business must have prior experience in the particular field as even a rookie can succeed, the apex court said. "We are of the opinion that a person can start a new business even if he has no experience in the new business.
That does not mean that his claim for starting the new business must be rejected on the ground that it is a false claim.
"Many people start new businesses even if they do not have experience in the new business, and sometimes they are successful in the new business also. Hence, the bench is of the opinion that the High Court should have gone deeper into the question of bonafide need and not rejected it only on the ground that Giriraj (the petitioner's son) has no experience in footwear business," the apex court said.
The Supreme Court bench made the observation while allowing the appeal of landlord and petitioner Ram Babu Agarwal challenging the rulings of the Madhya Pradesh High Court. — PTI
http://www.tribunei ndia.com/ 2009/20091013/ nation.htm# 3
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