USHA SALES LIMITED Vs. ARUNA GUPTA

JUDGEMENT

(1.) An important question which arises for determination is whether a lease granted in favour of a company with a stipulation that the demised premises is to be used for the residence of a particular employee of the company, and none other without the express approval of the landlord, permits the company to induct another employee for residence there when the former has left or ceased to reside there.

(2.) This has arisen in a lease granted by Mrs. Aruna Gupta in favour of M/s. Usha Sales Ltd. on 27th January 1981. One of the clauses agreed upon was as under :

(3.) There is no dispute that L.L. Jain resigned from the service of Usha Sales Ltd. and relinquished charge on 5-5-1982. He thereafter left the rented premises and removed his house-hold articles. The telephone of the company however continued to be installed there. Some furniture provided by the company to the employee was also stated to be still there. The company then planned to induct another officer into the premises and this was resisted by the landlady. She purported to enter into the. premises and shifted the furniture etc. of the company into an adjoining garage or premisea.