MAHABIR PRASAD VERMA versus DR. SURINDER KAUR

MAHABIR PRASAD VERMA versus DR. SURINDER KAUR

Where a tenant lawfully sub-lets a portion of premises with the landlord's written consent after the commencement of the Act, the sub-tenant becomes a 'tenant' within the Act and enjoys its protections; such lawful sub-letting does not become unlawful merely because the contractual tenancy of the original tenant expires, and therefore cannot be the basis for eviction under Section 13(2)(ii)(a); additionally, the Rent Controller's finding that sub-letting occurred in May 1974 was unsupported by admissible evidence (the tape-recording alone) and is set aside.

Parties
Appellant: Mahabir Prasad; Respondent: Dr. Surinder Kaur
Jurisdiction
India
Judgment Date
07 April 1982
Procedural Posture
Civil Appeal (special Leave) / On Appeal to the Supreme Court
Legal Topics
Sub Letting, Statutory Tenant, Written Consent to Sub Let, Eviction, Admissibility of Tape Recorded Conversation
Landlord and Tenant Rent Control Evidence Sub Letting Statutory Tenant Written Consent to Sub Let Eviction Admissibility of Tape Recorded Conversation

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Parties

Mahabir Prasad

Appellant

Dr. Surinder Kaur

Respondent

Procedural Posture

Civil Appeal (special Leave) / On Appeal to the Supreme Court

Legal Issues

  1. 1 Whether existence of a sub-tenant in the premises after expiry of the contractual tenancy necessarily renders the sub-letting illegal and furnishes a ground for eviction under Section 13(2)(ii)(a) of the East Punjab Urban Rent Restriction Act, 1949
  2. 2 Whether sub-letting by the tenant with the written consent of the landlord during the currency of the tenancy becomes unlawful on determination of the tenancy and furnishes a ground for eviction under Section 13(2)(ii)(a)
  3. 3 Whether a tape-recorded conversation relied on by the Rent Controller is admissible and sufficient evidence to prove induction of sub-tenants after the contractual tenancy

Ratio Decidendi

Where a tenant lawfully sub-lets a portion of premises with the landlord's written consent after the commencement of the Act, the sub-tenant becomes a 'tenant' within the Act and enjoys its protections; such lawful sub-letting does not become unlawful merely because the contractual tenancy of the original tenant expires, and therefore cannot be the basis for eviction under Section 13(2)(ii)(a); additionally, the Rent Controller's finding that sub-letting occurred in May 1974 was unsupported by admissible evidence (the tape-recording alone) and is set aside.