Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | East Punjab Urban Rent Restriction Act 1949: Section l 3(2)(ii)(a) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Rent Control and Eviction East Punjab Urban Rent Restriction Act, 1949: Section 13(2)(ii)(a)-Eviction-Sub-letting-Absence of written consent-Tenant inducted sub-tenant on oral consent of the landlord-Validity of-Held: When the law speaks of written consent "oral consent" cannot be substituted in its place-Hence, ground of eviction made out. Evidence Act, 1872: Section 91 and 92-Deed of lease-Plea that the transaction described in the lease deed was sham or fictitious not intended to be acted upon and was camouflage of rent control legislation, not excluded. Code of Civil Procedure, 1908: Order 6 Rule 17-Pleadings-Amendment of-Procedure-Held: Amendment applicant must set out specifically what is proposed to be omitted from or altered or substituted in or added to the original pleadings-Stating reasons for the proposed amendment is desirable-On prayer for amendment being allowed the original pleadings should incorporate the changes in such manner as to clearly indicate shift on stand from original pleading made by amendment-Right of opposite party to file consequential amendments-A new plea in the garb of consequential amendment shall not be permitted. Words and Phrases: "Consequential amendment"-Meaning of-In the context of O.6. R.17 of the Code of Civil Procedure, 1908.The appellants executed a registered Deed of Lease between themselves and respondent No. 3 whereby respondent No. 3 was inducted as a tenant under the appellants in respect of the suit premises. Respondent No. 3 inducted respondent Nos. 1 and 2 as sub-tenants in the suit premises. The appellant-landlords filed an eviction petition under Section 13(2)(ii)(a) of the East Punjab Urban Rent Restriction Act, 1949 on the ground that respondent No. 3 inducted respondents 1 and 2 as sub-tenants without the written consent of the appellants. Respondent 1 and 2, after filing separate written statements, sought for amendment in their written statements. It was stated in the application for amendment that respondent No. 3 was not a tenant under the appellants but was only a rent collecting agent, that the registered Deed of Lease was a sham and a fraud on the Act. The Rent Controller rejected the prayer for amendment. However, the High Court allowed the prayer for amendment. The Rent Controller dismissed the eviction petition but the Appellate Authority allowed it. However, the High Court held that sub-letting in the suit premises was with the oral consent of the appellants and allowed the eviction petition. Hence this appeal. |
Judge | Honble Mr. Justice R.C. Lahoti |
Neutral Citation | 2002 INSC 62 |
Petitioner | Gurdial Singh And Ors. |
Respondent | Raj Kumar Aneja And Ors. |
SCR | [2002] 1 S.C.R. 817 |
Judgement Date | 2002-02-04 |
Case Number | 2896 |
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