Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Rent and Eviction Himachal Pradesh Urban Rent Control Act 1987 : S. 14(2)(ii) |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Act(s) Referred | Himachal Pradesh Urban Rent Control Act, 1987 (25 of 1987) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Rent and Eviction :Himachal Pradesh Urban Rent Control Act, 1987 :S. 14(2)(ii)-Non-residential premises-Landlord seeking eviction of tenant for subletting-Rent Controller holding that subletting was not established and tenant did not part with possession of premises-Appellate authority passing order of ejectment-Revision dismissed by High Court-Held, onus to prove subletting is on landlord and if he establishes parting of possession in favour of a third party, onus would shift to tenant to explain-Since landlord did not discharge the initial burden and the tenant explained how the other person had permissive possession of shop as its manager, plea of subletting was not established-Appellate authority committed an error and the High Court allowed to perpetuate the same-To perpetuate an Error is no virtue but to rectify it is the call of judicial con-science-High Court failed to collect the obvious error committed by appellate authority--Orders of High Court and appellate authority set aside and order of Rent Controller restored. |
Judge | N/A |
Neutral Citation | 1998 INSC 323 |
Petitioner | Kala And Anr. |
Respondent | Madho Parshad Vaidya |
SCR | [1998] Supp. (1) S.C.R. 149 |
Judgement Date | 1998-08-27 |
Case Number | 997 |
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