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Vishwanath Prasad Jaiswal v. Satya Narain Sharma

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 1002 of 2010)Decided 4 Dec 2014
Civil Appeal No. 1002 of 2010
Justice J.S. Khehar · Justice Shiva Kirti Singh · Justice Arun Mishra

Background

A landlord sought eviction after the tenant moved a shop shutter to the far end of its verandah, increasing the enclosed shop area. He relied on the Uttar Pradesh tenancy provision covering unauthorised construction or structural alteration. He also cited proceedings brought by the development authority over the change.

Decision Breakdown

The Court held that lack of written permission was only the first condition under the relied-on eviction provision. The landlord also had to establish reduced value or utility, or disfigurement of the premises. There was no evidence of any such result; the increased area did not itself establish loss of value or usefulness. The development-authority proceedings did not independently create this eviction right, particularly after the landlord had been exonerated there. The Court dismissed his appeal, leaving the rejection of eviction intact.

Lesson Learnt

An unauthorised alteration does not automatically satisfy every statutory ground for eviction. Under the provision applied here, the landlord must also prove the specified harmful effect on the building, and planning-enforcement proceedings are not a substitute for that proof.

Official source (sci.gov.in)View Judgment (PDF)

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