MOHAN LAL Vs. JAI BHAGWAN

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment of the High Court of Punjab and Haryana dated 14th August, 1987. The appellant took on rent the premises in dispute from the respondent at a monthly rent of Rs. 120/- and executed a rent note in his favour on 19th April, 1975. Clause 4 of the said rent note provided, inter alia, as follows:

(2.) The landlord, respondent herein filed a petition under S. 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (hereinafter called 'the Act') against the appellant on the ground of arrears of rent from 1-4-1979 to 31-8-1979 and change of user from Liquor Vend business to that of general merchandise at the shop in dispute by the appellant.

(3.) The appellant tendered the entire arrears of rent at the first date of hearing and thereafter he contested by filing written statement. The appellant submitted that after March, 1979, the licence of liquor-vend in his favour was not renewed and he had to discontinue that business of liquor-vend at the shop in dispute and had to start the business of general merchandise. According to the appellant the purpose of the user still remains commercial and that in the rent note there was no clause prohibiting the appellant to change to any other business in the shop in dispute.