NIRMAL KANTA (DEAD) THROUGH LRS. versus ASHOK KUMAR & ANR.

NIRMAL KANTA (DEAD) THROUGH LRS. versus ASHOK KUMAR & ANR.

Since the evidence established only that the tailor assisted in the cloth business and had no exclusive possession of any part of the premises, the main ingredient for sub-letting is not established; thus, the tailor was a licensee and not a sub-tenant, and no eviction can be ordered on ground of sub-letting.

Parties
Appellant: Nirmal Kanta (Dead) Through LRs.; Respondent: Ashok Kumar; Respondent: Lachhman Singh
Jurisdiction
India
Judgment Date
28 March 2008
Procedural Posture
Civil Appeal / Supreme Court Final Judgment
Outcome
Appeal dismissed.
Legal Topics
Eviction, Subletting, Licensee Vs Sub Tenant, Exclusive Possession
Rent Control Property Law Eviction Subletting Licensee Vs Sub Tenant Exclusive Possession

Case Brief

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Parties

Nirmal Kanta (Dead) Through LRs.

Appellant

Ashok Kumar

Respondent

Lachhman Singh

Respondent

Procedural Posture

Civil Appeal / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether permitting a tailor to sit in a part of a shop with his sewing machine amounts to subletting under Section 13 of the East Punjab Rent Restriction Act, 1949.
  2. 2 Whether the respondent tenant had parted with exclusive possession so as to constitute subletting.

Ratio Decidendi

Since the evidence established only that the tailor assisted in the cloth business and had no exclusive possession of any part of the premises, the main ingredient for sub-letting is not established; thus, the tailor was a licensee and not a sub-tenant, and no eviction can be ordered on ground of sub-letting.

Court Disposition

Appeal dismissed.

Orders

  • No order as to costs.