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march 1988

Supreme Court of India · 1988-03-23

MOHAN LAL vs JAI BHAGWAN

Citation / case number
SC 1980/63241
Court
Supreme Court of India
Petitioner
MOHAN LAL
Respondent
JAI BHAGWAN
Author
SABYASACHI MUKHARJI
Bench
SABYASACHI MUKHARJI

Judgment text excerpt

The Supreme Court held that under Section 13(2)(ii)(b) of the Haryana Urban (Control of Rent & Eviction) Act, 1973, a change of user from liquor vend to general merchandise does not constitute a change of user that would attract eviction. The Court emphasized that the business purpose must align with the Rent Act's intent to control tenant eviction, and since the new business did not impair the building's utility or create nuisance, the eviction order was overturned. The Court also noted that the interpretation of legislative provisions must consider contemporary necessities.

MOHAN LAL vs JAI BHAGWAN · Niyam