9911796707
TMI Blog2004 (7) TMI 660X X X X Extracts X X X X X X X X Extracts X X X X ..... ik Usman on 15.5.1982 addressed a letter to the appellant that as it had shifted its Branch in the newly constructed Municipality building Ponda and the premises were lying closed and presumably were being used as a godown, he called upon the appellant to vacate the demised premises. On 29.10.1984 the landlord wrote another letter to the appellant to vacate the premises and also stated therein that they would offer alternate premises for use as a godown for which purpose the demised premises were being used by the tenant. In response to the above letter, the Bank wrote to the landlord that they were willing to vacate the premises occupied by them provided the landlords offered them alternate space to store the records and furnish a declaration that the premises which were being vacated would be used by them for their bona fide personal use. The appellant gave certain specifications as per which the building was to be made ready for keeping the records of the bank. On 17.10.1986 the General Manager/Secretary of the appellant addressed a letter to the landlords that we are thinking of leaving your premises in the Aaisha Theatre without insisting for the alternative premises sugge ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ive witnesses and led the evidence. Both the parties examined four witnesses each. Rent Controller held that the appellant had changed the use of the premises. The premises were being used as a 'godown' and not as an 'office', the purpose for which the premises were let out. The premises were lying closed from 1982 to 1993 and therefore the landlord had ceased to occupy them for more than 4 months before the institution of the eviction proceedings. The eviction was ordered on these two grounds. The third ground of bona fide need for personal use was rejected. The Administrative Tribunal set up under the Act set aside the judgment of the Rent Controller. The respondents thereafter filed a writ petition in the High Court. The learned single Judge of the High Court reversed the judgment of the Rent Control Tribunal and restored the judgment of the Rent Controller. The Division Bench of the High Court dismissed the LPA filed by the appellant against the order of the learned Single Judge. Record ex facie discloses concurred findings on the aspect of the purpose for which the premises were let out. i.e. the suit premises were let our for the purpose of 'office&# ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as it is commonly understood, can be used as a 'godown' for storage of records alone and if it is so used, then does that amount to putting the premises to a different use by tenant than the one for which the premises were let out and the tenant become liable to be evicted in terms of Section 22(2)(b)(ii) of the Act ? Building has been defined in Section 2(e) of the Act. It means and includes any building, or part of a building, which is, or is intended to be, let separately for use as a residence or for commercial use or for any other purpose, and includes the garden, grounds and out-houses, if any, appertaining to such building or part of the building; any furniture supplied by the landlord for use in such building or part of the building, but does not include a room in a hotel or lodging house. Section 22(2)(b)(ii) provides that the tenant shall be liable to be evicted if he uses the building for a purpose other than that for which it was leased. Under the Act a building can be let out for use as a residence or for commercial use or for any other purpose. A building given for 'residence' can be identified in a lease deed as a house, kothi, villa, palac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... livelihood . It also defines the term Bank as institution, usually incorporated, whose business, it is to receive money on deposit, cash, cheques or drafts, discount commercial paper, make loans, and issue promissory notes payable to bearer, known as bank notes. In Aiyer's Law Lexicon the word godown is defined as a 'store', a warehouse, Webster's Twentieth Century Dictionary', Vol. I, Second Edition, defines the word 'godown' to mean 'in India, China, Japan, etc. a warehouse'. In the concise Oxford Dictionary, fourth Edition, the meaning of this word is given as 'warehouse in part of Asia, esp. India'. 'Warehouse' has been defined in Law Lexicon of British India, 1940 Edition, as 'a warehouse is, properly speaking, a building used for the purpose of storing goods imported at a reasonable rent. According to Stroud's Judicial Dictionary, third edition, a warehouse, in common parlance, certainly means 'a place where a man stores or keeps his goods which are not immediately wanted for sale'. In Webster's New Twentieth Century Dictionary, Volume II, second edition, it means a building where wares o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t purpose (see in this connection Telu Ram v. Om Parkash Garg, (1971-73 pun LR 1). Hence putting to use the demised premises to a purpose, which the given description or identification of the demised building in the rent-note did not warrant, would tantamount to the change of user. Learned counsel appearing for the parties after due verification have confirmed that this judgment holds the field. No decision taking a contrary view was cited before us. We respectfully agree with the view taken by the learned judges of the Punjab and Haryana High Court in this judgment. Letting out the premises for commercial purpose can have different colours and hues depending upon the purpose for which it is let out. For example a non-residential premises can be let out for commercial purpose for running a shop, office, restaurant, hotel, cinema and godown for storing of the goods etc. If it is specified in the lease deed that the premises be used for a particular commercial purpose than the change of use of the premises falling in another category of purpose would amount to change of user of the building falling within the four corners of Section 22(2)(b)(ii) of the Act and the landlord wo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... company shall engage itself in any form of business other than those referred to in sub-section (1). Section 23 restricts the opening of new and transfer of existing, places of business without obtaining the prior permission of the Reserve Bank of India and it provides as follows : (a) no banking company shall open a new place of business in India or change otherwise than within the same city, town or village, the location of an existing place of business situated in India; and (b) no banking company incorporated in India shall open a new place of business outside India or change, otherwise than within the same city, town or village in any country or area outside India, the location of an existing place of business situated in that country or area : Provided that nothing in this sub-section shall apply to the opening for a period not exceeding one month of a temporary place of business within a city, town or village or the environs thereof within which the banking company already has a place of business, for the purpose of affording banking facilities to the public on the occasion of an exhibition, a conference or a mela or any other like occasion. The appella ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
