Nilesh Laxmichand and Another v. Shantaben Purushottam Kakad (Since Deceased) by LRs

Civil Appeal · 2019 INSC 650Decided 8 May 2019
Civil Appeal No. 4268 of 2019
Justice Ashok Bhushan · Justice K.M. Joseph

Background

A shop in Bombay was let out in 1971, with rent receipts issued in the name of the first appellant (who was then a five-year-old child, allegedly for astrological reasons), while his father (the second appellant) actually ran a bookshop there as "Chetna Book Store." Over the years, the business was intermittently replaced by a garment shop and then a fast-food outlet, before the father returned to the book business. The landlady (later her legal heirs) sued for eviction on three grounds: illegal subletting, nuisance from the food business, and non-user of the premises for six continuous months before the 2006 suit (as required under Section 16(1)(n) of the Act). The Trial Court dismissed the suit, but the Appellate Bench of the Small Causes Court reversed it and decreed eviction on all three grounds, a decision the Bombay High Court upheld in revision.

Decision Breakdown

The Supreme Court disagreed with the lower courts on two of the three grounds. On nuisance, it found the evidence (mainly the testimony of the landlady's son, who did not even reside in the building) too thin to justify eviction on this serious ground. On subletting, it found the case pleaded in the suit (subletting to a stranger named Raja) was different from what the Appellate Court actually found (subletting between father and son), and held eviction could not be sustained on a ground that was never properly pleaded or proved. However, on non-user, the Court examined the shop-registration certificates under the Bombay Shops and Establishments Act and found no valid registration existed for the premises during 2006, the crucial period, meaning the appellants could not have lawfully run any business there, corroborating the finding that the shop had genuinely been non-functional for the required six-month period. Since two courts below had concurrently found non-user established, and the Supreme Court's own review of the registration record supported it, the Court declined to interfere and dismissed the appeal, meaning the eviction stands (but only on the non-user ground).

Lesson Learnt

A tenant can be evicted under rent laws for genuinely leaving rented commercial premises unused without reasonable cause for the statutory period, and courts will treat an absence of a valid shop-registration during that period as strong corroborating evidence of non-use, even where other eviction grounds raised by the landlord (like nuisance or subletting) fail for want of properly pleaded or convincing proof.

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