The identification of a demised premises as a shop in the lease-deed, which otherwise is silent in regard to the purpose, per se spells out the purpose for which the premises in question is leased out. A shop cannot be used as a godown without the consent of the landlord, as the two uses are diametrically opposed.

D.S.TEWATIA, J.

1. Whether the identification of a demised premises as shop in the lease-deed, which otherwise is silent in regard to the purpose, per se spells out the purpose for which the premises in question is leased out or not is the legal question of some significance that arises for determination in this referred civil revision petition.

2. The facts concurrently found by the two Courts below and which have a bearing upon the appreciation of the question posed can be stated thus :

3. The respondent, hereinafter referred to as the landlord, leased out the premises which were described as Ek Addad Dukan (one shop)...... to the petitioner-tenant, hereinafter referred to as the tenant. The landlord sued out for the ejectment of the tenant on the ground of the change of user of the shop alleging that the shop was being used as godown which tant amounted to the change of the user. Both the Courts below have found that the shop in question was being used for storing bags of grain and boxes of tea and no business, wholesale or retail, was transacted by the tenant in that shop. It deserves highlighting at the outset that these findings of fact have not been assailed before us.

4. The Courts below relying on the Division Bench decision of this Court in Chhaju Ram V/s. Tulsi Das, 1977-79 Pun LR 259 : (AIR 1977 NOC 222) in which it was held that a shop is different from godown in that the premises described as shop when used as godown are not being used for the purpose for which the shop is meant, ordered the eviction of the tenant.

5. The tenant, relying upon the judgement of the Supreme Court in Sant Ram V/s. Rajinder Lal, AIR 1978 SC 1601, canvassed that in the light of the ratio of the Supreme Court decision, the decision, in Chhaju Ram s case (supra) cannot be considered to be laying down a correct law. This led to the reference of the revision petition to the larger Bench and that is how the matter is before us.

6. The subject-matter of lease transaction between the landlord and the tenant in generic terms is building which, by virtue of inclusive definition to be presently noticed, inter alia, includes land and godown. Hence before adverting to the rival contentions canvassed on behalf of the parties, reference in such provisions of the East Punjab Urban Rent Restriction Act, 1949 (East Punjab Act No. III of 1949), hereinafter referred to as the Act, as define the generic term building and its species is necessary. Also is necessary, for facility of reference, the extraction of the relevant provisions of the Act envisaging eviction on the ground of change of user.

7. Section 2, clause (a) of the Act defines building as under :

" building means any building or part of a building let for any purpose whether being actually used for that purpose or not, including any land, godown, out-houses or furniture let therewith but does not include a room in a hotel, Hostel or boarding house."

Section 2, clause (d), of the Act defines non-residential building as under : "non-residential building means a building being used solely for the purpose of business or trade."

Section 2, clause (g), of the Act defines residential building in the following terms : residential building means any building which is, not a non-residential building".

Section 2, clause (h), of the Act defines scheduled building as follows : " scheduled building means a residential building which is being used by a person engaged in one or more of the professions specified in the Schedule to this Act, partly for his business and partly for his residence."

Schedule to the Act is reproduced below : "SCHEDULE

1. Lawyers.

2. Architects.

3. Dentists.

4. Engineers.

5. Veterinary Surgeons.

6. Medical practitioners, including practitioners of indigenous systems of medicine."

Section 13, Sub-Section (2), clause (ii), sub-clause (b), of the Act, which envisages eviction of the tenant for change of user of the rented building or land is in the following terms : "13.