PRITHVI RAJ Vs. NIRMAL MULTANI

JUDGEMENT

(1.) This is an appeal from the order of the rentcontrol tribunal dated 2/11/1979.

(2.) . The appellant Prithvi Raj is a tenant on the ground floor ofhouse No. 66 Babar Road, New Delhi. He carries on business of sale ofbooks under the name and style of Hind Book House. On 15/04/1968 hetook the premises on rent from the landlady, Nirmal Multani, the respondent. A lease deed was executed. The rate of rent was agreed atRs.750.00per month. The tenant paid advance rent of 6 months. In terms of thelease deed the premises let to the tenant consisted of the ground floor hall.In additional to this he was given the right to keep a shop window 6 x 9 feetin the front verandah for display of books. He was also allowed to put asign board on the common wall. But it was expressly provided in the leasethat front room, verandah, bath room and front court yard shall not formpart of the demised premises. The tenant however was given the right ofpassage from the front and use of the verandah for the limited purpose ofkeeping a show window of 6x9 feet.

(3.) . Though the lease was for a period of 11 months with an option tothe tenant to extend it for a further period of three years very soon disputesarose between the landlady and the tenant. She served three notices on thetenant requiring him to stop the misuser of the premises. The tenant wasselling books in the premises. He is a bookseller by profession. The land onwhich the house stands was taken by the landlady from the Governor-General-in-Council in 1939 for the purpose of residence. The perpetual leasedated 1/07/1939 stipulates that "the lessee will not without such consent(of the lessor) as aforesaid use the said premises or permit the same to be usedfor any purpose other than that of a residence.................."