BHARAT LAL BARANWALversusVIRENDRA KUMAR AGARWAL

                      BHARAT LAL BARANWAL                                        A
                               v.
                    VIRENDRA KUMAR AGARWAL

                           JANUARY 29, 2003

               [V.N. KHARE, CJ., AND ASHOK BHAN, J.]                             B

     Rent Control and Eviction:

      U.P. Urban Buildings (Regulation cf Letting, Rent and Eviction) Act,
1972-Section 20(2J(d)(as substituted by U.P. Act No.28of1976)-Change of C
user of tenanted premises froni business to manufacturing activity without
wril!en consent of landlord-Eviction under the ground-Held, the provision
required written consent for change of user-Hence, tenant liable to be evicted
as the change from business to manufacturing amounted to change of user
and the san1e was not in compliance with the provision.                        D
      Father of the appeHant-landlord let out the suit premises to tenant-
respondent for business purpose of selling of copies and books. After
sometime, the tenant instaHed a printing machine and started printing
work without obtaining the written consent of the appeHant. AppeHant
filed a suit for eviction u/s 20(2) of U.P. Urban Building (Regulation of E
Letting, Rent and Eviction) Act, 1972. Trial Court dismissed the suit
holding that there was po change of user of the tenanted premises.
Revisional Court held that tenant was liable to be evicted since he had
changed the use of the premises. In the writ petition High Court denied
the eviction holding that the tenant had not changed the use of the
premises. Hence the present appeal.                                        F

      AHowing the appeal, the Court

      HELD: I. If the dominant purpose for which a building is let out is
maintained, a tenant may not become liable to be evicted. But if the             G
building is let out for residential or business purposes and the tenant starts
manufacturing activity or vice versa, then it would amount to change of
user subject to the provisions of U.P. Urban Buildings (Regulation of
Letting, Rent and Eviction) Act, 1972. (663-B, C(

     2. In the present case, the premises were let out to the respondent         H
                                  659
    660                    SUPREME COURT REPORTS                    [2003l I S.C.R.

A for business purposes. Tenant started manufacturing activity in the suit
    premises witho~t obtaining written consent of the landlord. This would
    be a change of use of the premises for a purpose other than the purposes
    for which it was let out and not merely an act inconsistent with the purpose
    for which the tenant was admitted to the tenancy of the building. Written
B   consent of the landlord was required for change of user of the building
    for a purpose other than it was let out prior to as well as after the
    amendment of clause (d) of Section 20(2) of the Act. The fact, for what
    purpose the premises was let out and whether the tenant has changed the
    user of the premises is jurisdictional fact and it was open to the revisional ·
    courtto go into the said questions. (664-H; 665-A-CI
c         3. As the tenant has changed the user of the building from business
    to manufacturing without the written consent of the landlord before and
    after the Amendment of the Act, he became liable to be evicted under               >-
    Section 20(2)(d) of the Act. (665-D, El

D         Mohan Lal v. hi Bhagwan, (19881 2 SCC 474 and Raj Kumar Jain
    (19891 3 sec 441, referred to ..

            CIVIL APPELLATE JURISDICTION : Civil Appeal Nos. 630-32 of
    2003.

E         From the Judgment and Order dated 25.10.99, 23.10.2000 and 26.2.2001
    of the High Court of Allahabad in WP. 3281/99. CMRA 84921/99and 93771.'
    2000.

         Pramod Swarup, S. N. Singh, V.K. Singh and T.N. Singh for the
    Appellants.
F
            Hardev Singh, S.S. Nehra and Dr. J.B. Gaur for the Respondent.

            The Judgment of the Court was delivered by

            BHAN, J. Leave granted.
G
          On the submissions made before us the only point required to be
    determined in these appeals is: as to whether the tenant-respondent (hereinafter
    referred to as "the respondent") having started using the premises in dispute
    for a purpose other than the purpose for which it was let out to him without
    the written consent of the appellant-landlord (hereinafter referred to as "the
H   appellant") is liable to be evicted in view of the provisions of Section 20
                B.L. BARANWAL v. V.K. AGARWAL [ASHOK BHAN, J.]                  661

    (2)(d) of the U.P Urban Buildings (Regulation of Letting, Rent and Eviction)        A
    Act, 1972 (hereinafter referred to as "the Act") ?

          The suit premises consisting of three rooms were admittedly let out for
    business purpose of selling of copies and books in the year 1970 by the father
    of the appellant to the respondent-tenant. In the year 1976, the respondent
    started m~nufacturing copies, registers sweet-meat boxes made of card board.        B
    In the year 1982 he installed a printing n1achine and started printing work
    without obtaining the written consent of the appellant.

           It may be stated that father of the appellant died in the year 1978
    leaving behind his widow Smt. Ramrati Devi and three sons, namely, Ramayan          C
    Prasad, Jagdish Prasad and Bharat Lal Baranwal (appellant). Jn the family
    settlement, the northern portion of house including the suit premises was
    allotted to the appellant, as such he became the owner as well as the landlord
    of the suit premises.

          After issuing notice under Section 106 of Transfer of Property Act and        D
    passage of statutory notice period, appellant instituted the suit for eviction
    under Section 20(2) of the Act against the respondent. In response to the
    notice issued, the respondent entered appearance and filed the written
    statement. On the basis of the pleadings of the parties the following three
    issues were framed.
                                                                                        E
           I.   Whether the defendant started manufacturing work in the premises
                in suit and thereby violated the terms of the tenancy?
          2.    Whether the notice is invalid and the suit is not maintainable?
          3.    To what relief, the plaintiff is entitled?
                                                                                        F
          Parties led their evidence. The Trial Court after appraisal of the evidence
    recorded the following findings:

          "I. That in the inception the tenant was carrying out business in sale
              of copies and books in the premises in suit.
•         2.    The tenant started manufacturing copies, registers and sweetmeat        G
                boxes made of card board in the year 1976.

          3.    The original landlord was alive when the tenant started
                manufacturing work and no objection was raised from his side.
          4.    The printing work was started in the year 1982-83."
                                                                                        H
    662                     SUPREME COURT REPORTS                   [2003] I S.C.R.

A          It was held that the tenant did not put the suit premises to any use
    inconsistent with the purposes for which it was let out. No damage was
    caused to the building by the use of the machines. As no objection was raised
    by the original landlord in the year 1976 when the tenant started manufacturing
    c.opies and registers etc. there was a tacit consent of the landlord to the
B   change of use of the suit premises. On these pleadings the Trial Court dismissed
    the suit.

          The appellant being aggrieved, fi!ed a revision petition as provided
    under the Act. The Revisional Court after referring to Section 20(2)(d) of the
    Act as it stood prior to its amendment as well as after its amendment by U.P.
C   Act No.28 of 1976, held that neither before the amendment of clause (d) of
    Section 20(2) nor thereafter the respondent could use the premises for any
    purposes other than it was let out without the written consent of the landlord.
    Since the tenant had changed the user of the premises for a purpose other
    than the one for which it was let out to him, he was liable to be evicted.
    Accordingly, the revision petition was accepted and a decree for ejectment
D   was passed against the respondent.

           Aggrieved against the order of Revisional Court, the respondent filed
    a petition under Article 226/227 of the Constitution of India in the High '
    Court challenging the order of the Revisional Court. The High Court relying
    upon the decisions of this Court in Mohan Lal v. Jai Bhagwan, [ 1988] 2 SCC
E   474 and Gurdial Batra v. Raj Kumar Jain, [1989] 3 SCC 44 l, held that the
    tenant had not changed the use of the suit premises for a purpose other than
    the one for which it was let out to him. Mohan Lal v. Jai Bhagwan (supra)
    was a case arising under the Haryana Urban (Control of Rent and Eviction)
    Act 1973 wherein it was held that any purpose which is part of, or ancillary
F   or allied to the original purpose will not amount to change of user. In Gurdial
    Batra 's case (supra), it was held that where shop was let out for repairing of
    cycle and rickshaws and was also used for selling of television sets would not
    amount to the change of user. The finding recorded by the High Court in the
    present case is as under:-

G          " ....... Here the premises in dispute was already used for operating
           stitching machine, rolling machine for making copies, file cover, boxes
           of sweat meats; the printing is an allied purpose. It cannot be said that
           petitioner has changed the purpose for which it was let out to him.
           The revisional court wrongly allowed the revision."

H         Counsel for the parties have been heard at length.
                B.L. BARANW AL v. V.K. AGARWAL [ASHOK BHAN. J.]                  663

          Broadly speaking a building can be let out for three purposes:                A
           I.     Residential
          2.      Business
           3.     Manufacturing
                                                                                        B
           If the dominant purpose for which a building is let out is maintained,
    a tenant may not become liable to be evicted. But if the building is let out
    for residential or business purposes and the tenant starts manufacturing activity
    or vice-versa, then it would amount to change of user subject to the provisions
    of the act in reference.
                                                                                        c
          In order to determine the controversy between the parties it would be
    useful to refer to Section 20(2)( d) of the Act before and after its amendment.
    Section 20(2)(d) before its amendment read:

            "20. Bar of suit for eviction of tenant except on specified grounds:-
                                                                                        D
            (I) xxx

            (2) A suit for the eviction of a tenant from a building after the
            determination of his tenancy may be instituted on one or more of the
            following grounds, namely:
            xxx                             xxx                           xxx           E
            (d) that the tenant has done any act which is inconsistent with the
            purpose for which he was admitted to the tenancy of the building, or
            has without the consent in writing of the landlord used it for a purpose



-
            other than such purpose, or has been convicted under any law for the
            time being in force of an offence of using the building or allowing         F
            it to be used for illegal or immoral purposes;




-
            xxx                         xxx                               xxx"

          This Section was substituted by U.P. Act No. 28of1976 w.e.f. 5.7.1976
    and the same reads:                                                                 G
            "20. Bar of suit for eviction of tenant except on specified grounds.-
            (I) xxx                   xxx                                 xxx
            (2) A suit for the eviction of a tenant from a building after the
                                                                                        H
    664                    SUPREME COURT REPORTS                   [2003) I S.C.R.

A           determination of his tenancy may be instituted on one or more of the
            following grounds, namely:

                xxx                            xxx                      xxx
          (d) that the tenant has without the consent in writing of the landlord
              used it for a purpose other than the purpose for which he was
B
              admitted to the tenancy of the building or otherwise done any act
              which is inconsistent with such use~ or has been convicted under
              any law for the time being in force of an offence of using the
                                                                                      •·
              building or allowing it to be used for illegal or immoral purposes;
                xxx                            xxx                     xxx"
c
          Section 20 provides that the suit for the eviction of a tenant from a
    building after the determination of tenancy may be instituted on one or more
    of the grounds enumerated therein. In the present case we are concerned with
    clause (d) of the said Section. Clause (d) prior to its amendment in the year
D   1976 could be divided into two parts:

          (a)   That the tenant has done any act, which is inconsistent with the
                purpose for which he was admitted for the tenancy of the building.
          (b)   Has without the consent in wri.ting of the landlord used it for a
                purpose other than the purposes for which it was let out.
E
    For doing an act which was inconsistent, written consent of the landlord was
    not required, it could be presumed from the surrounding circumstances or the
    conduct of the parties but in the case of change of use of the building for a
    purpose other than the purpose for which it was let out obtaining of the
    consent of the landlord in writing was mandatory. For an act done, which
F   was inconsistent with the purpose for which the premises were let out the
    tenant was not required to take the written consent of the landlord, but 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. After the amendment of
    clause (d) the tenant could neither use the building nor do any act.which was
G   inconsistent with the purposes for which the premises was let out without the
    written consent of the landlord. In all other respects the provisions of clause
    (d) remained the same.

         Admittedly the premises were let out to. the respondent for business
    purposes. He started manufacturing activity in the suit premises without
H   obtaining written consent of the landlord. This would be a change of use of
           B.L. BARANWALv. V.K.AGARWAL [ASHOKBHAN.J.]                       665

the premises for a purpose other than the purposes for which it was let out         A
and not merely an act inconsistent with the purpose for which the tenant was
admitted to the tenancy of the building. For change of use of the building for
a purpose other than the purpose for which it was let out written consent of
the landlord was required to be obtained under Section 20(2)(d) of the Act
even prior to its amendment. So, the written consent of the landlord was            B
required for change of user of the building for a purpose other than it was
let out prior to as well as after the amendment of clause ( d) of Section 20(2)
of the Act. The fact, for what purpose the premises was let out and whether
the tenant has changed the user of the premises is jurisdictional fact and it
was open to the revisional court to go into the said questions. In our view,
 High Court fell in error in holding that the trial court's finding that the        C
premises was let out for operating stiching machine, rolling machines being
 finding of Court could not have been set aside by the revisional court. The
 Revisional Court recorded a finding that even prior to the amendment of the
Act, the tenant used the premises for the purpose other than the premises was
 let out, without the consent of the landlo~d.
                                                                                    D
      As the tenant has changed the user of the building from business to
manufacturing without the written consent of the landlord before and after
the Amendment of the Act, he became liable to be evicted under Section
20(2)(d) of the Act. High Court thus erred in reversing the well considered
judgment of the Revisional Court.
                                                                                    E
      For the reasons stated above the appeals are accepted. The Order of the
High Court is set aside and that of the revisional court restored. Since the
tenant has been in occupation of the building for the last nearly 30 years he
is granted time upto 30th of June, 2003 to vacate and hand over the vacant
possession of the building to the landlord on giving of usual undertaking           F
within four weeks and payment of arrears of rent, if any, and to pay future
rent as and when it falls due as per the agreed terms. In the event of failure
to give the u.ndertaking as directed above, the appellant shall be at liberty to,
seek immediate possession of the suit premises through the process of the
Court. There will be no order as to costs.
                                                                                    G
K.K.T.                                                         Appeal allowed.