BHARAT LAL BARANWAL versus VIRENDRA KUMAR AGARWAL

BHARAT LAL BARANWAL versus VIRENDRA KUMAR AGARWAL

Tenant, having changed the user of the premises from business to manufacturing without written consent of the landlord, is liable to eviction under Section 20(2)(d) both before and after its amendment.

Parties
Appellant Landlord: Bharat Lal Baranwal; Respondent Tenant: Virendra Kumar Agarwal
Jurisdiction
India
Judgment Date
29 January 2003
Procedural Posture
Civil Appeal / Final Judgment
Outcome
Appeal allowed
Legal Topics
Change of User, Written Consent, U.p. Urban Buildings (regulation of Letting, Rent and Eviction) Act 1972
Rent Control Eviction Change of User Written Consent U.p. Urban Buildings (regulation of Letting, Rent and Eviction) Act 1972

Case Brief

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Parties

Bharat Lal Baranwal

Appellant Landlord

Virendra Kumar Agarwal

Respondent Tenant

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether tenant is liable to be evicted for changing the user of premises from business to manufacturing without written consent of landlord under Section 20(2)(d) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972

Ratio Decidendi

Tenant, having changed the user of the premises from business to manufacturing without written consent of the landlord, is liable to eviction under Section 20(2)(d) both before and after its amendment.

Court Disposition

Appeal allowed

Orders

  • Order of High Court set aside
  • Order of revisional court restored