Residential flat on rent where tentants can run buiness activity without land lord permission
Chandrakant Mody
(Querist) 05 February 2014
This query is : Resolved
We are the land lord of the Building since 1949 and one flat out of whcih we have given on rent in the year of 1988 for the residential purpose but the tenent is using the same as commercial activity without land lord consent can he run the activity of such without land lord permission
Kiran Kumar
(Expert) 05 February 2014
If the premises is being used for commercial purposes and that too in violation of law and against the terms and conditions agreed between the parties then it is a good ground for eviction of tenant from the said property.
approach some local lawyer and move under the laws applicable to the said property.
Chandrakant Mody
(Querist) 05 February 2014
AS THERE IS NO AGREEMENT ON THE SAME AS DURING THE 1980 LANDLOD USED TO GIVE THE RENT RECEIPT ONLY DO YOU HAVE ANY JUDGMENT ON THE SAME OF MUMBAI HIGH COURT OR SUPREME COURTOR BY THE LOWER COURT IF ANY CHARGES WILL BE THERE WE WILL PAY THE SAME
Devajyoti Barman
(Expert) 05 February 2014
Sorry judgements are not given here.Since lot of time has passed since he first started commercial activities now you can not prove anymore that the same is without landlord's permission.
T. Kalaiselvan, Advocate
(Expert) 05 February 2014
If the residential premise let out on monthly rental has been misused by the Tenant for commercial purpose, the owner has got right to evict him from the premise, you can file an eviction suit.
Chandrakant Mody
(Querist) 05 February 2014
Dear Mr kalaselvan
can we have the judgement on the same by High court Mumbai or Supreme court
Advocate M.Bhadra
(Expert) 05 February 2014
Before proceeding you should collect sufficient evidence by taking photograph and documents,then send a Legal notice to the tenant failing which you can file a suit for Eviction of Tenant for use commercially of rented room.
one concise form of Supreme Court judgment:------
Supreme Court of India
Nand Kishore vs Yashpal Singh on 21 July, 2009
Author: T Chatterjee
Bench: S.B. Sinha, Mukundakam Sharma
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.4578 OF 2009
(Arising out of SLP (C) No. 2156 of 2007) Nand Kishore ...Appellant VERSUS
Yashpal Singh ...Respondent JUDGMENT
TARUN CHATTERJEE, J.
31. For the reasons aforesaid, the impugned judgment of the High Court is set aside and that of the Appellate Authority is restored and the application for eviction filed by the appellant is thus allowed.
32. Considering the facts and circumstances of the present case, we grant six months time to the respondent to vacate the premises subject to filing of a usual undertaking in this Court within a month from this date.
33. The appeal is thus allowed. There will be no order as to costs.
Chandrakant Mody
(Querist) 05 February 2014
Shri M Bhadra
many Thanks but this relates to Punjab and Chandigargh but i need the same as per Mumbai rent Control act any judgement on the same issue will be same
Advocate M.Bhadra
(Expert) 05 February 2014
Supreme Court of India
Nilesh Nandkumar Shah vs Sikandar Aziz Patel on 23 August, 2002
Equivalent citations: AIR 2002 SC 3073, (2002) 4 BOMLR 309, (2003) 4 GLR 485
Author: R Lahoti
Bench: R Lahoti, B Kumar
Rajendra K Goyal
(Expert) 05 February 2014
Well advised, agree to it.
Running a commercial activity in residential flat without consent of land lord is sufficient ground of eviction of tenant.
Kiran Kumar
(Expert) 05 February 2014
even if a lot of time has elapsed, but still things can be managed with proper pleadings and submissions.
visit some local lawyer for appropriate action.
Chandrakant Mody
(Querist) 06 February 2014
ANY MORE JUDGMENT OF MUMBAI HIGH COURT OR SUPREME COURT BASED ON BOMBAY RENT CONTROL ACT
