1975 (7) TMI 153

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....he latter, hereinafter to be described as the landlord) gave the land with which we are concerned in this appeal to the respondent (hereinafter to be described as the tenant) for occupation as a tenant on a monthly rent of ₹ 75/- for one year. One of the conditions of the tenancy was that "the premises shall not be used for any purpose other than keeping of the lorries as garage." Another condition of the tenancy was that "the lessee will on the expiration of one year peacefully surrender and yield up vacant possession to the lessor." on July 29, 1958, the landlord's advocate sent a notice of eviction to the tenant to vacate and deliver possession of the land on the expire of August 1958. The tenant through his....

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.... in 1959. Mr. Chowdhary, however, drew our attention to an observation in the judgment of the High Court to the effect that "admittedly the defendant (respondent herein) at his own cost constructed in 1962 structures upon the bare land which he took for the purpose of his business." Since the year of construction had not been particularly agitated in the courts below and there is evidence to show that the construction had commenced from 1957, we are not prepared to give undue importance to this observation about the year of construction mentioned in the judgment. This is particularly so in view of the fact that the tenant through his lawyer in reply to the notice of eviction asserted in August 1958 that- "my client has const....

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....shows- (1) a thika tenant must be a person who holds land under another person; (2) it may be under a written lease or otherwise; (3) there is a liability to pay rent to the landlord but for a special contract to the contrary; and (4) he has erected or acquired by purchase or gift any structure on such land for a residential, manufacturing or business purpose. The tenant here fulfils the requisite ingredients of the above definition clause. There is no reference to landlord's permission or consent for erection of structure by the tenant in the definition clause. Mr. Chowdhary submits that it is implicit in the definition that in order to be lawful erection of structure the tenant must take prior permission from the landlord. Counsel....

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....ndition consistent with this Act on breach of which he is under the terms of the contract liable to be ejected. We are unable to agree that the particular condition of the tenancy referred to by Mr. Chowdhary militates against the construction of structures and the use of the land for the purpose of workshop for maintenance of the lorries by the` tenant. Without being too hypertechnical, ordinarily keeping of lorries as garage would connote the concept of construction of some structures for garaging the lorries. The Chambers Dictionary gives the meaning of garage as "the building where motor-vehicles are housed or tended." The Shorter oxford English Dictionary gives the meaning of garage as "a building for the storage or ref....