JAGDISH PRASAD versus SMT. ANGOORI DEVI
Landlord bears the burden of positively proving sub-letting; mere presence of an outsider in the premises is insufficient to establish sub-tenancy; revisional court may interfere if trial court's approach is vitiated by a misconception of law; writ of certiorari does not lie to correct mere errors of fact.
- Parties
- Appellant: Jagdish Prasad; Respondent: Smt. Angoori Devi
- Jurisdiction
- India
- Judgment Date
- 15 March 1984
- Procedural Posture
- Civil Appeal by Special Leave / Appeal From Allahabad High Court's Order in Writ Under Article 227
- Outcome
- Appeal allowed
- Legal Topics
- Writ of Certiorari, Scope of Revisional Jurisdiction, Sub Tenancy Allegations, Burden of Proof in Eviction, Findings of Fact and Law
Case Brief
Summary, issues, holding and outcome
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Parties
Jagdish Prasad
Appellant
Smt. Angoori Devi
Respondent
Procedural Posture
Civil Appeal by Special Leave / Appeal From Allahabad High Court's Order in Writ Under Article 227
Legal Issues
- 1 Whether mere presence of an outsider in tenant's premises amounts to sub-letting under U.P. Act No. 13 of 1972
- 2 Who bears the burden to prove sub-tenancy under the Act
- 3 Whether revisional court can reappraise evidence
Ratio Decidendi
Landlord bears the burden of positively proving sub-letting; mere presence of an outsider in the premises is insufficient to establish sub-tenancy; revisional court may interfere if trial court's approach is vitiated by a misconception of law; writ of certiorari does not lie to correct mere errors of fact.
Court Disposition
Appeal allowed
Orders
- Order of Allahabad High Court vacated
- Order of Additional District Judge restored
Full Case Text
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