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Issues:
1. Eviction of tenant based on change of user of the leased premises. 2. Interpretation of the provisions of the East Punjab Urban Rent Restrictions Act, 1949 regarding eviction grounds. 3. Consideration of waiver or acquiescence by the landlord in allowing a part of the premises to be used for a different purpose. The Supreme Court judgment involved a dispute where the appellant, a landlord, sought eviction of the respondent-tenant from a residential building in Chandigarh leased solely for residential purposes. The tenant's husband, a lawyer, established his office in a part of the premises without written consent. The Rent Controller initially ordered eviction based on the change of user ground, which was upheld by the appellate authority but set aside by the High Court, stating that the building became a "scheduled building" due to the lawyer's office use. The appellant appealed, arguing that the High Court erred in setting aside the eviction order. The appellant contended that the change of user ground under section 13(2)(ii)(b) was established, and the High Court's interference was unjustified. The respondent's counsel argued that the landlord had waived the ground by acquiescing to the office use, and the change must be substantial for eviction. The Court found in favor of the appellant, rejecting the waiver argument and emphasizing that breach of the lease covenant regarding the building's use justified eviction under section 13(2)(ii)(b). The Court analyzed the Act's provisions, highlighting that any change in user making a residential building a "scheduled building" without consent justifies eviction. The judgment referenced a previous case where even a small portion's use could change the building's category, supporting the eviction ground interpretation. Distinctions were drawn from other cases to uphold the eviction based on the change of user without substantial alteration. Ultimately, the Court allowed the appeal, setting aside the High Court's order and reinstating the eviction decision. Costs were awarded to the appellant, emphasizing the importance of adhering to lease terms and justifying eviction based on unauthorized change of user. The judgment clarified the legal interpretation regarding change of user grounds for eviction under the Act. This detailed analysis of the Supreme Court judgment showcases the interpretation of legal provisions, consideration of waiver arguments, and the significance of maintaining lease terms in eviction cases based on change of user of leased premises. The Court's thorough examination of the Act's provisions and previous case law demonstrates a consistent approach in upholding eviction grounds when unauthorized changes impact the leased property's intended use.
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