TIRATH RAM GUPTA versus GURBACHAN SINGH & ANR.

TIRATH RAM GUPTA versus GURBACHAN SINGH & ANR.

Eviction cannot be ordered under Section 13(2) of the East Punjab Urban Rent Restriction Act, 1949 where sub-tenancy was created prior to its commencement in the relevant area. Surrender of part interest in lease by lessee is not permissible; sub-tenants retain rights independently in such circumstances.

Parties
Appellant Landlord: Tirath Ram Gupta; Respondent Subtenant: Gurbachan Singh; Respondent Tenant: Second Respondent (unnamed)
Jurisdiction
India
Judgment Date
06 February 1987
Procedural Posture
Civil Appeal / Supreme Court Appeal From Punjab and Haryana High Court's Revision Decision
Outcome
Appeal dismissed
Legal Topics
Eviction, Sub Tenancy, Lease Surrender, Transfer of Property
Landlord Tenant Rent Control Property Law Eviction Sub Tenancy Lease Surrender Transfer of Property

Case Brief

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Parties

Tirath Ram Gupta

Appellant Landlord

Gurbachan Singh

Respondent Subtenant

Second Respondent (unnamed)

Respondent Tenant

Procedural Posture

Civil Appeal / Supreme Court Appeal From Punjab and Haryana High Court's Revision Decision

Legal Issues

  1. 1 Whether an eviction order can be passed under s.13(2) of East Punjab Urban Rent Restriction Act, 1949 for sub-tenancy created before the Act came into force.
  2. 2 Whether surrender of part interest under a lease is permissible by a lessee.
  3. 3 Whether a sub-tenant's rights are extinguished by surrender or eviction proceedings affecting tenant.

Ratio Decidendi

Eviction cannot be ordered under Section 13(2) of the East Punjab Urban Rent Restriction Act, 1949 where sub-tenancy was created prior to its commencement in the relevant area. Surrender of part interest in lease by lessee is not permissible; sub-tenants retain rights independently in such circumstances.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed. Parties to pay and bear their own costs.