Change of user in leased premises: office use converted into storage can justify eviction under rent control law.

Premises let as an office must be used in accordance with that commercial purpose; using them instead as a godown for storage of records can constitute a change of user under the Goa, Daman & Diu Buildings (Lease, Rent & Eviction) Control Act, 1968. The common parlance meaning of the lease description controls, so an office is distinct from a warehouse or storage place. On the facts, the concurrent finding was that the premises had ceased to function as an office and were being used as a godown. A later plea that some banking activity had resumed did not cure the change of user because the required regulatory permission for banking at the premises was not shown.

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Issues: Whether premises let for use as an office can be used only for storage of records as a godown without amounting to use for a purpose different from that for which they were leased, so as to attract eviction under section 22(2)(b)(ii) of the Goa, Daman & Diu Buildings (Lease, Rent & Eviction) Control Act, 1968.

Analysis: The lease deed specifically described the demised premises as an office. Where a non-residential premises is let for a particular commercial use, the expression used in the lease must be understood in its common parlance meaning, and use of the premises for a different commercial category may amount to change of user. An office is a place where business or clerical and administrative work is conducted, whereas a godown is a warehouse or storage place. The premises had been shifted from office use to storage of records, and the concurrent finding was that the premises were being used as a godown and not as an office. The plea that some banking activity had later resumed did not assist the tenant, as the original office use had ceased and the tenant did not establish the necessary regulatory permission for carrying on banking activity at the suit premises.

Conclusion: Use of premises let as an office as a godown for storage of records amounts to change of user. The tenant was liable to eviction, and the challenge to the eviction order failed.

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