MOHAN LAL versus JAI BHAGWAN

MOHAN LAL versus JAI BHAGWAN

Conversion of use of premises from liquor vend to general merchandise does not amount to 'change of user' under Section 13(2)(ii)(b) because both uses are commercial, the building's utility was not impaired, no damage or nuisance was caused, and the law must be interpreted in light of societal changes.

Parties
Appellant: Mohan Lal; Respondent: Jai Bhagwan
Jurisdiction
India
Judgment Date
23 March 1988
Procedural Posture
Civil Appeal / Supreme Court Appeal From Punjab & Haryana High Court Civil Revision
Outcome
Appeal allowed. Order of eviction set aside.
Legal Topics
Eviction, Change of User, Statutory Interpretation
Landlord Tenant Rent Control Eviction Change of User Statutory Interpretation

Case Brief

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Parties

Mohan Lal

Appellant

Jai Bhagwan

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From Punjab & Haryana High Court Civil Revision

Legal Issues

  1. 1 Whether change of business from liquor vend to general merchandise constitutes 'change of user' under Section 13(2)(ii)(b) of Haryana Urban (Control of Rent & Eviction) Act, 1973.

Ratio Decidendi

Conversion of use of premises from liquor vend to general merchandise does not amount to 'change of user' under Section 13(2)(ii)(b) because both uses are commercial, the building's utility was not impaired, no damage or nuisance was caused, and the law must be interpreted in light of societal changes.

Court Disposition

Appeal allowed. Order of eviction set aside.

Orders

  • Order of eviction is set aside.
  • Each party to bear its own costs.