Change Of User Is Not A Ground For Evicting A Tenant, If There Is No Negative Covenant In The Lease Agreement

The Supreme Court of India on the side of Civil Appellate Jurisdiction, while deciding Civil Appeal No. 9598 of 2018 arising out of SLP (Civil) No. 19594 of  2008, in a case titled as Ravi Chand Mangla Versus Dimpal Solania & Ors.  has  held  that in the absence of any negative covenant in the Lease Agreement, restricting the tenant to run business only relating to the purpose for which the premises were  let out, the use of the lease premises for other purposes does not  amount to  `User for the purpose other than  for which the premises was leased.   

                   In this case, one of the grounds in the petition eviction filed under Section-13 of the Haryana Urban (Control of Rent & Eviction) Act, 1973 was that  the  tenants  have changed the user of the property in dispute.

                   The Bench rejected the `change of userargument, while observing that on a perusal of the Agreement, we are convinced that there is no restriction placed on the tenants to run business only relating to the Saw Mill. The tenant was given the liberty to carry on any other business as well.  In the absence of any negative  covenant, the user does not amount to user for the purpose other than for which the premises were leased.

 

 

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