SANTOSH TANGRI Vs. VED MATTA

JUDGEMENT

(1.) THE present petition is by the landlord seeking ejectment of the tenant on the ground that tenant has changed the user of the premises and has also materially impaired the value and utility of the shop.

(2.) THE brief facts out of which the present revision petition arises are that the respondent was inducted as a tenant in a shop at the monthly rent of Rs. 200/-. The terms of lease were reduced into memo dated 30.10.1979. The petitioner has sought ejectment on the ground of arrears of rent, change of user as well as on the ground that the business of dry-cleaning has materially impaired the value and utility of the demised premises. However, the petitioner has restricted its case for seeking ejectment on the ground of change of user alone in the present petition. The landlord has stated that the building was let out for the purpose of running of business of milk dairy, whereas the respondent has started the business of dry-cleaning in the tenant premises and thus, used the tenanted premises for the purpose other than for which it was let out. The tenant denied the allegations of the landlord including that of execution of memo at lease and that he is using the premises for dry-cleaning.

(3.) THE learned Rent Controller although held that the respondent is running dry-cleaning business in the said shop but such running of dry-cleaning business will not change the user relying upon Mohan Lal v. Jai Bhagwan, AIR 1988 Supreme Court 1034 : 1988(1) RCR (Rent) 444 (SC).