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.