BABU MANMOHAN DAS SHAH & ORS. versus BISHUN DAS

BABU MANMOHAN DAS SHAH & ORS. versus BISHUN DAS

Section 3(1)(c) establishes two alternative grounds for eviction: proof of material alteration alone is sufficient, and it is not additionally necessary to prove the alteration diminished the value of the premises. The respondent made material alterations without landlord's consent, thus fulfilling the statutory...

Source-derived case information.

Parties
Appellant: Babu Manmohan Das Shah & Ors.; Respondent: Bishun Das
Jurisdiction
India
Judgment Date
12 October 1966
Procedural Posture
Civil Appeal / Appeal by Special Leave From High Court Judgment, Final Supreme Court Decision
Outcome
Appeal allowed
Legal Topics
Eviction, Interpretation of Statutes, Material Alterations, Rent Control
Landlord and Tenant Law Eviction Interpretation of Statutes Material Alterations Rent Control

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Parties

Babu Manmohan Das Shah & Ors.

Appellant

Bishun Das

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From High Court Judgment, Final Supreme Court Decision

Legal Issues

  1. 1 Whether under Section 3(1)(c) of the U.P. (Temporary) Control of Rent and Eviction Act, 1947, the landlord can sue for eviction solely on proof of material alteration, or if it is also necessary to prove that the alteration diminished the value of the property
  2. 2 What constitutes 'material alterations' under the Act

Ratio Decidendi

Section 3(1)(c) establishes two alternative grounds for eviction: proof of material alteration alone is sufficient, and it is not additionally necessary to prove the alteration diminished the value of the premises. The respondent made material alterations without landlord's consent, thus fulfilling the statutory ground for eviction.

Court Disposition

Appeal allowed

Orders

  • Judgment and decree of Allahabad High Court set aside
  • Judgment and decree of First Additional Civil Judge, Varanasi, restored