1994 Supreme(SC) 249

SUPREME COURT OF INDIA
Mehta General and Provision Store
Vs.
Prem Wati
Decided On : 17/2/1994

Change of business does not necessarily constitute a change of user of premises.

Headnote:

Change of User - Premises - The court set aside the finding that changing the business from a general provision store to a textile store amounted to a change of user of the premises. The judgment of the High court was set aside, and the rent payable for the premises was fixed at Rs. 500.00 per month from 1/4/1994. The court left open the question of eviction on other grounds, including subletting, for appropriate proceedings.

Fact of the Case:

The tenant changed the business from a general provision store to a textile store, leading to a dispute over the change of user of the premises. The High court's judgment was challenged.

Finding of the Court:

The court set aside the High court's judgment and fixed the rent payable for the premises. It left open the question of eviction on other grounds for future proceedings.

Issues: Change of user of premises, rent payable, grounds for eviction including subletting

Ratio Decidendi: The change of business from a general provision store to a textile store did not amount to a change of user of the premises. The court fixed the rent payable and left open the question of eviction on other grounds for future proceedings.

Final Decision: The court set aside the High court's judgment, fixed the rent payable for the premises, and left open the question of eviction on other grounds for future proceedings.