- (1.) We are totally unable to accept the finding that merely because the tenant who was running a general provision store had changed his business to one of textile it would amount to change of user of premises. Therefore, we have no hesitation in setting aside the impugned judgment of the High court. Accordingly, the judgment of the High court is set aside. Civil is allowed. No costs. However, in the interest of justice we hereby order that on and from 1/4/1994 the rent payable shall be Rs. 500. 00 per month for the premises in question. We also make it clear that if there are other grounds on which the landlady seeks eviction including the one relating to subletting which is stated to be a subsequent event, on which, we do not have sufficient material, that question is left open to be decided in appropriate proceedings.
(2.) Whatever amount is deposited in this court will be sent to Mr Santosh Tangri by means of Crossed Bank Draft within one week from today.;