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Supreme Court 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.

Courtesy : Article in Dainik Deshonnati (a leading newspaper from Akola, Maharashtra, India) dated 1st February 2003

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