RAM DASS versus DAVINDER

The Supreme Court held that the landlord established the tenant's ceasing to occupy the premises, shifting the burden to the tenant who failed to prove reasonable cause. The High Court erred in re-appreciating evidence and misread factual findings, exceeding its revisional jurisdiction and thus its judgment was set aside.

Parties: Appellant Landlord: Ram Dass; Respondent Tenant: Davinder
Jurisdiction: India
Judgment Date: 24 March 2004
Procedural Posture: Civil Appeal / Supreme Court Appellate Decision
Outcome: Appeal allowed; High Court judgment set aside; Rent Controller's eviction decree restored
Legal Topics: Eviction, Rent Control, Revisional Jurisdiction, Burden of Proof

Tenancy Law Eviction Rent Control Revisional Jurisdiction Burden of Proof

Case Brief

Summary, issues, holding and outcome

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Full judgment text Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 1

Parties

Ram Dass

Appellant Landlord

Davinder

Respondent Tenant

Procedural Posture

Civil Appeal / Supreme Court Appellate Decision

Legal Issues

1 Whether the tenant ceased to occupy the premises for a continuous period of four months without reasonable cause under Section 13(2)(v) of the Haryana Urban (Control of Rent & Eviction) Act, 1973
2 Whether the High Court exceeded its revisional jurisdiction by re-appreciating evidence

Ratio Decidendi

Court Disposition

Appeal allowed; High Court judgment set aside; Rent Controller's eviction decree restored

Orders

Respondent-tenant to put landlord-appellant in possession of suit premises on or before 30th April 2004