NDLI: Nilesh Laxmichand and Another Vs. Shantaben Purushottam Kakad (since Deceased) By Lrs

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Maharashtra Rent Control Act illegal subletting 1999 book shop ss.16(1)(c) 16(1)(e) and 16(1)(n)
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Maharashtra Rent Control Act, 1999 (18 of 2000)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Maharashtra Rent Control Act, 1999 – ss.16(1)(c), 16(1)(e) and 16(1)(n) – Respondents-plaintiffs rented out a premises to the appellants-defendants – Appellants took the premises on rent for purpose of carrying out business of book shop – Respondents filed a suit for eviction of the appellants u/ss.16(1)(c), 16(1)(e) and 16(1)(n) of the Act – Respondents’ case that in July, 2015, the appellants closed down the business of the bookstore, and since then, the premises was not used for more than six months prior to the suit, for the purpose for it was let out – It was also alleged that appellants also started business of garments and foodstuff at different intervals but the same was closed down – Further, appellants had also sublet the premises to the third party – Trial court found that all three grounds were not made out and suit was dismissed – However, Appellate Court allowed the appeal and in revision, the High Court affirmed the findings of the Appellate Court – On appeal, held: The grounds of illegal subletting and nuisance (foodstuff) taken by the respondents unsustainable – Insofar as ground relating to non-user is concerned, the requirement of s.16(1)(n) of Act need to be satisfied, it has to be established that for a period of six months continuously from 20.04.2006 till the date of institution of the suit, i.e. 20.10.2006 the suit premises were not used by the tenant/appellants without a reasonable ground for the purpose for which it was let out i.e. business of book shop – Besides, under the Shops and Establishments Act, a person having a shop must be registered – In other words, carrying on a shop or establishment, as defined in the Act, without registration, would make it illegal – In the instant case, appellant did not pay any fees for renewal of the registration during the year 2006 – Burden actually is on the landlord to establish the non-user – But since, there was no registration for the said period it showed that the appellant could not have lawfully conducted any business in the suit premises – Also, the two courts found the ground of non-user u/s.16(1)(n) of Act established – Therefore, no need to interfere with the judgment of the High Court – Bombay Shops and Establishments Act, 1948.
Judge	Hon'ble Mr. Justice K.M. Joseph
Neutral Citation	2019 INSC 650
Petitioner	Nilesh Laxmichand And Another
Respondent	Shantaben Purushottam Kakad (since Deceased) By Lrs
SCR	[2019] 7 S.C.R. 460
Judgement Date	2019-05-08
Case Number	4268

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Nilesh Laxmichand and Another Vs. Shantaben Purushottam Kakad (since Deceased) By Lrs

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