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Judgment
It is a tenants appeal by special leave against his eviction from a commercial premises used originally as a barber's saloon and later converted into a place of business where marriage lighting facilities and tents are available on rent.
Change of user as has been found in the Courts below cannot be disputed because a saloon when used for the purpose of providing lighting facility and tents on rent would not be a co-related business. The only point against the landlord is that the change of user took place in 1970 as found that he kept on receiving rent every month for over 8 years and chose to come before the Court in 1978 when the cause of action arose 8 years before. His conduct in receiving rent month after month after change of user must be taken to show his consent to the change.
We suggested to the parties to settle the dispute particularly when eviction was not being demanded on ground of bona fide need and suggested enhancement of rent. Appellants' counsel has agreed that the rent should be enhanced, but counsel for the Respondent says that his client has not responded. In the facts indicated and appearing on the record, we are inclined to take the view that rent should, be enhanced from Rs.17.50 p. per month which was determined in 1957 more than three decades back to Rs.350/- per month and this enhancement shall be effective from 1.7.1989. Rent for the month of July, therefore, will be at the enhanced rate. The appeal is allowed, subject to hat has been stated above. The order of eviction is vacated. Parties are directed to bear their respective costs throughout.