M. ARUL JOTHI AND ANR. versus LAJJA BAL (DECEASED) AND ANR.

M. ARUL JOTHI AND ANR. versus LAJJA BAL (DECEASED) AND ANR.

Where a specific prohibition clause exists in the lease agreement restricting the user of the premises to the stated business only, carrying on any other business constitutes 'change of user' under Section 10(2)(ii)(b) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 and is a valid ground for eviction.

Parties
Appellant: M. Arul Jothi; Respondent: Lajja Bal (deceased); Respondent: Respondent No. 2 (Legal Representative)
Jurisdiction
India
Judgment Date
29 February 2000
Procedural Posture
Civil Appeal / Appeal From Madras High Court Judgment Dated 9.9.96 in C.r.p. No. 1762 of 1991
Outcome
Appeal dismissed
Legal Topics
Eviction, Change of User, Lease Agreement Interpretation
Rent Control Property Law Eviction Change of User Lease Agreement Interpretation

Case Brief

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Parties

M. Arul Jothi

Appellant

Lajja Bal (deceased)

Respondent

Respondent No. 2 (Legal Representative)

Respondent

Procedural Posture

Civil Appeal / Appeal From Madras High Court Judgment Dated 9.9.96 in C.r.p. No. 1762 of 1991

Legal Issues

  1. 1 Whether use of rented shop for purpose other than specified in the lease agreement constitutes ground for eviction under Section 10(2)(ii)(b) of Tamil Nadu Buildings (Lease and Rent Control) Act, 1960

Ratio Decidendi

Where a specific prohibition clause exists in the lease agreement restricting the user of the premises to the stated business only, carrying on any other business constitutes 'change of user' under Section 10(2)(ii)(b) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 and is a valid ground for eviction.

Court Disposition

Appeal dismissed

Orders

  • Tenant to vacate the premises by or before 31st Dec. 2000 subject to usual undertaking within six weeks from today
  • Costs on parties