the premises in question were residential and according to the terms of the lease given by the Government the said premises could not be used for any other purposes. A doctor was allowed to use the premises up to 500 square feet as his clinic provided the doctor resided in the said premises. Inasmuch as the appellant had shifted from the Lajpat Nagar house to her own house in East of Kailash, therefore, the submission was that her continued user of the premises in question only as a clinic was against the terms of the lease.
In any case there can be no estoppel against the statute. We are of the view that the appellant is liable to be evicted unless he has already stopped or stops immediately the misuser of the premises and pays the misuse charges for the period of misuse. Continued wrongful user cannot be permitted by levying penalty but if the authorities do not require the stoppage of misuser, but merely ask for payment of penalty or compensation, then in such a case, an order of eviction or for stoppage of premises need not be passed and it will be sufficient if compensation is required to be paid.
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