GURUBACHAN SINGH AND ANR. versus RAM NIWAS

GURUBACHAN SINGH AND ANR. versus RAM NIWAS

Tenants parted with possession of the suit shop for four months to RTDC, received rent without landlord’s permission, constituting sub-letting under Section 13(1)(e). Concurrent findings upheld; evidence clearly substantiated sub-letting and receipt of rent. No warrant to interfere.

Parties
Appellants (tenants): Gurubachan Singh and Anr.; Respondent (landlord): Ram Niwas
Jurisdiction
India
Judgment Date
24 May 2006
Procedural Posture
Civil Appeal / Supreme Court Disposition
Outcome
Appeal disposed; eviction decree upheld.
Legal Topics
Eviction, Sub Letting, Rent Control
Landlord Tenant Law Property Law Eviction Sub Letting Rent Control

Case Brief

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Parties

Gurubachan Singh and Anr.

Appellants (tenants)

Ram Niwas

Respondent (landlord)

Procedural Posture

Civil Appeal / Supreme Court Disposition

Legal Issues

  1. 1 Whether tenants are liable for eviction on the ground of sub-letting under Section 13(1)(e) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950
  2. 2 Whether deposit of rent in court under Section 19A of the Act constitutes compliance for purposes of default

Ratio Decidendi

Tenants parted with possession of the suit shop for four months to RTDC, received rent without landlord’s permission, constituting sub-letting under Section 13(1)(e). Concurrent findings upheld; evidence clearly substantiated sub-letting and receipt of rent. No warrant to interfere.

Court Disposition

Appeal disposed; eviction decree upheld.

Orders

  • Nine months' time granted to tenants to vacate premises by end of February 2007.
  • Tenants to pay Rs. 1500 per month as compensation for use and occupation from 1.6.2006 to February 2007, by 15th of each month.