Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Bombay Rent Act 1947 - s.13(1)(e) - Suit for eviction - On ground of unlawful sub-letting |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Bombay Rent Act, 1947 - s.13(1)(e) - Suit for eviction - On ground of unlawful sub-letting - Principle of legitimate inference - Invoking of - Held: Requisite conditions for establishing the factum of sub-letting are parting of legal possession, and availing of monetary consideration which could be in cash or kind and which fact might not be required to be directly proven by the landlord in all circumstances - In the case in hand, plaintiff-landlord let out premises to defendant no.1-company exclusively for providing residential accommodation to its executive staff and not for any other purpose - Defendant no. 1 handed over possession of the premises to an employee, defendant no.2 - Handing over of possession to defendant no. 2 was in accord with the terms and conditions of agreement entered between landlord and tenant and, thus, entry of defendant no. 2 into the premises was legal - Trial Court and Appellate Court drew inference that after defendant no. 2, employee, resigned from service but remained in occupation while he was not entitled to, defendant no. 1 did not take any steps to get back the possession - But such inaction cannot lead to the conclusion that sub-letting was proved - Nothing to show that there was any kind of arrangement between defendant 1 and 2 - Non-payment of provident fund and gratuity and other retiral dues would not amount to consideration or a kind of arrangement - Barring withholding of retiral dues, defendant no. 1 had not received any thing either in cash or in kind or otherwise from the defendant no. 2 and hence, under those circumstances, it cannot be held that factum of sub-letting was established. Rent control and eviction: Sub-letting - Legitimate inference - Held: Court under certain circumstances can draw its own inference on the basis of materials brought at the trial to arrive at the conclusion that there has been parting with the legal possession and acceptance of monetary consideration either in cash or in kind or having some kind of arrangement - The transaction of subletting can be proved by legitimate inference though the burden is on the person seeking eviction - Constructive possession of the tenant by retention of control would not make it parting with possession as it has to be parting with legal possession - Sometimes emphasis has been laid on the fact that the sub-tenancy is created in a clandestine manner and there may not be direct proof on the part of a landlord to prove it but definitely it can bring materials on record from which such inference can be drawn. Sub-letting - Requisite conditions for establishing the factum of sub-letting - Discussed. Revision: Scope of - Held: High Court, in revision, is not entitled to interfere with the findings of the appellate court, until and unless it is found that such findings are perverse and arbitrary. |
Judge | Hon'ble Mr. Justice Anil R. Dave Honble Mr. Justice Dipak Misra |
Neutral Citation | 2014 INSC 223 |
Petitioner | M/s. S.f. Engineer |
Respondent | Metal Box India Ltd. And Anr. |
SCR | [2014] 4 S.C.R. 1047 |
Judgement Date | 2014-03-28 |
Case Number | 4189 |
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