THE GOA URBAN CO-OPERATIVE BANK LTD. versus NOOR MOHD. SHEIKH MUSSA AND ANR.
Premises let out for 'office' use, when used as 'godown' for record storage after shifting banking activities elsewhere, constitutes a change of user under Section 22(2)(b)(ii) and entitles landlord to eviction; further, absence of RBI permission for banking activities at suit premises supports eviction.
- Parties
- Appellant: Goa Urban Co-operative Bank Ltd.; Respondents: Noor Mohd. Sheikh Mussa and Anr.
- Jurisdiction
- India
- Judgment Date
- 05 July 2004
- Procedural Posture
- Civil Appeal / Final Judgment, Supreme Court
- Outcome
- Appeal dismissed
- Legal Topics
- Change of User, Eviction of Tenant, Lease Purpose, Banking Regulation
Case Brief
Summary, issues, holding and outcome
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Parties
Goa Urban Co-operative Bank Ltd.
Appellant
Noor Mohd. Sheikh Mussa and Anr.
Respondents
Procedural Posture
Civil Appeal / Final Judgment, Supreme Court
Legal Issues
- 1 Whether use of premises let out as 'office' for storage (godown) amounts to change of user justifying eviction under Section 22(2)(b)(ii) of the Goa, Daman & Diu Buildings (Lease, Rent and Eviction) Control Act, 1968
- 2 Whether the tenant obtained permission from Reserve Bank of India to carry on banking activities at the suit premises
Ratio Decidendi
Premises let out for 'office' use, when used as 'godown' for record storage after shifting banking activities elsewhere, constitutes a change of user under Section 22(2)(b)(ii) and entitles landlord to eviction; further, absence of RBI permission for banking activities at suit premises supports eviction.
Court Disposition
Appeal dismissed
Orders
- Vacate premises
- No order as to costs
Full Case Text
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