Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Delhi Rent Control Act 1958 S.14(1)(b) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Delhi Rent Control Act, 1952 (38 of 1952) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Rent Control and Eviction:Delhi Rent Control Act, 1958; S.14(1)(b):Subletting - Appellant No.1-tenant allegedly subletting part of tenanted premises, a shop - Erstwhile owner of property/landlord selling the property in question to respondent - Respondent filing eviction petition on ground of subletting - Allowed by Rent Controller holding that appellant Nos.2 to 4 carrying on business in a portion of suit premises - Appeal dismissed by Tribunal - Challenge to - Dismissed by High Court- Correctness of- Held: Appellant Nos.2 to 4 inducted by appellant No.1 in a portion of suit premises without obtaining consent in writing either of the original landlord or the present landlord - Sub-tenants were neither the family member of appellant No. 1 nor were they residing with him for a considerable period of time as a family member - Appellant No. 1 had no control over the business of appellant Nos. 2 to 4 - Burden of proving subletting is on landlord - Since landlord proved that sub-tenants were in exclusive possession of suit premises, onus shifted on tenant to prove that there was no subletting - Appellant No. 1 failed to prove that there was no subletting of portion of the shop in question to appellant Nos. 2 to 4 - There was no evidence on record to show relinquishment by the landlords benefit/right of eviction conferred on them by the Statute - Hence, subletting by appellant No. 1 in favour of appellant Nos. 2 to 4 proved - No reason found to interfere with the judgment of the Courts below. |
Judge | Hon'ble Mr. Justice Tarun Chatterjee |
Neutral Citation | 2008 INSC 248 |
Petitioner | Vaishakhi Ram And Ors. |
Respondent | Sanjeev Kumar Bhatiani |
SCR | [2008] 3 S.C.R. 377 |
Judgement Date | 2008-02-25 |
Case Number | 1559 |
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