Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Kerala Buildings (Lease and Rent Control) Act Sub-tenancy Eviction of tenants |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Kerala Buildings (lease and Rent Control) Act, 1965 (2 of 1965) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Kerala Buildings (Lease and Rent Control) Act, 1965 – s.11(4)(i) – Eviction of tenants – Sub-tenancy – Appellants-owners alleged that respondents-tenants stopped the payment of rent of three shop room premises, defined as room nos. 3/471, 3/472 and 3/ 476, and it was also alleged that two shops were sublet by the respondent without the consent of the appellants – The appellants sent a legal notice dated 15.12.1987 demanding surrender of possession of suit shop rooms and arrear of rent, and ultimately filed an eviction petition before the Rent Control Court – The Trial Court found against the appellants on all grounds except non- payment of rent while granting a decree of eviction for all the three shops – The Appellate Authority found bonafide need of appellant in respect of room no. 3/472 and sub-letting in respect of room no. 3/476 was proved – Thus, eviction was granted by the Appellate Authority in respect of room nos. 3/472 and 3/476 – The High Court in the cross- revision petitions sustained eviction order only qua room no. 3/476 on the ground of sub-letting – Before the Supreme Court, the appellants contended that u/s. 11(4)(i) of the Act, even if the sub-tenancy is created in part of the premises, the entitlement of eviction is in respect of the whole of the premises – The respondents dissuaded from examination of this plea in view of it not having been raised at an earlier stage and thus, no factual basis being laid for the same – Held: On the legal principle, a pure question of law can be examined at any stage, including before the Supreme Court – If the factual foundation for a case has been laid and the legal consequence of the same have not been examined, the examination of such legal consequence would be a pure question of law – The finding of fact in the instant case was not required to be closely scrutinised as the essential facts, which were analysed by the Courts below, clearly show the existence of a single tenancy – Issuance of a single notice and the filing of a single eviction petition, albeit raising different grounds for different portions of the premises, is an undisputed fact – Further, under the statute, sub-letting of any part of the tenanted premises gives right to eviction from the whole premises – Thus, the appellants entitled to a decree of eviction for the entire premises, mentioned as tenanted premises, on the ground of the respondents having sub-let a part of the premises. |
Judge | Hon'ble Mr. Justice Sanjay Kishan Kaul |
Neutral Citation | 2020 INSC 33 |
Petitioner | K. Lubna & Ors. |
Respondent | Beevi & Ors. |
SCR | [2020] 1 S.C.R. 967 |
Judgement Date | 2020-01-13 |
Case Number | 2442-2443 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |