New Delhi, Jan 31: The Supreme Court has ruled that a tenant of a residential or business premises can be evicted if he changes the nature of tenancy without the written consent of the landlord. Setting aside an Allahabad High Court order, a division bench comprising chief justice of india justice V N Khare and justice Ashok Bhan said "...Where the premises were put to a use for a purpose other than for which it was let out, then written consent of the landlord was a must". The apex court restored the revision court order asking a tenant for 33 years to vacate the premises for having changed the use without the written consent of the landlord in violation of Section 20(2)(d) of the UP Urban Building (Regulation of letting, rent and eviction) Act, 1972. Landlord Bharat Lal Baranwal, who had let out three rooms to one Virendra Kumar Agrawal in 1970 for business purpose of selling of copies and books, sought Agrawal's eviction as the tenant started manufacturing copies in 1976 and then installed a printing machine there in 1982 without his written consent. The trial court dismissed his suit saying the use was not inconsistent with the purpose of tenancy. However, the revision court reversed the trial court order holding that the tenant was liable to be evicted for having changed the use from business to manufacturing. Interestingly, the high court restored the trial court order.

However, the apex court held that without written consent of the landlord the tenant could neither use the building nor do any act which was inconsistent with the purpose for which the premises was let out and accordingly ordered eviction of the tenant.

Bureau Report