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2014 Supreme(Bom) 293

R.S.DALVI
Hanumanta Vissu Arsekar – Appellant
Versus
Upendra Narayan Katkar – Respondent


Advocate Appeared:
For the Appellants:Sudesh Usgaonkar, A. Matonkar, Advocates.
For the Respondents:P.S. Lotlikar, J. Simoes, Advocates.

Judgment :

1. The parties are landlord and tenant.

2. The landlord has leased his premises to the tenant under the deed of lease dated 11.5.1981. The parties agreed in writing inter alia that the lessee (tenant) agreed to "use the leased premises to run paint business as mentioned in clause (7) of the lease."

3. In clause 8 of the agreement, the parties agreed that if the lessee violates any of the clauses of the agreement, eviction would follow.

4. The tenant started the business of paint and later changed it to the business of toys. The landlord claimed to injunct the tenant from starting the business. He claimed that, without his written permission, the leased premises cannot be used for any other business because a specific business is shown in the agreement upon which the landlord has leased the premises to the tenant. He has obtained the necessary injunction. There are concurrent findings of fact. In fact, these are admitted facts.

The only substantial question of law that is required to be answered is:--

"Whether the appellants intending to conduct the other business in the leased premises in addition to the business specified in the lease agreement, would amount to commit














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