Case Note & Summary
The dispute arose from a petition for eviction filed by the landlord against the tenant under the Haryana Urban (Control of Rent & Eviction) Act, 1973, based on alleged arrears of rent and change of user of the rented premises. The tenant had originally rented the premises for the purpose of running an English liquor vend but ceased this operation after the liquor license was not renewed and shifted to a general merchandise business. The landlord contended that this constituted a change of user, warranting eviction. The Rent Controller ruled in favor of the landlord, which was upheld by the Appellate Authority and the High Court. The tenant appealed to the Supreme Court, arguing that the change in business did not alter the commercial nature of the use of the premises and was permissible under the terms of the rent note. The Supreme Court analyzed the purpose of the Rent Act and the definitions of change of user, referencing previous case law. It concluded that the tenant's new business did not impair the premises' utility or create nuisance, thus not constituting a change of user under the Act. The court allowed the appeal, set aside the eviction order, and directed that both parties bear their own costs.
Headnote
A) Rent Control - Change of User - Definition of Change of User - Haryana Urban (Control of Rent & Eviction) Act, 1973, Section 13(2)(ii)(b) - The court held that the tenant's conversion of business from liquor vend to general merchandise did not constitute a change of user as it did not impair the utility of the premises nor create nuisance, aligning with the purpose of the Rent Act to control tenant eviction (Paras 349C-350E).
Issue of Consideration
Whether the tenant's change of business from liquor vend to general merchandise constituted a change of user under section 13(2)(ii)(b) of the Haryana Urban (Control of Rent & Eviction) Act, 1973.
Final Decision
The Supreme Court allowed the appeal, set aside the eviction order, and directed both parties to bear their own costs.
Law Points
- Eviction
- Change of User
- Rent Control
- Statutory Interpretation
