RAM MURTI DEVI versus PUSHPA DEVI AND OTHERS

RAM MURTI DEVI versus PUSHPA DEVI AND OTHERS

The landlord established parting of possession by tenant of a portion of the shop to Mohd. Ezaj, and tenant failed to substantiate that Ezaj was merely a worker by not producing statutory documentary proof. Thus, essential ingredients of sub-letting under Section 20(2)(e) read with Section 25 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 are met, making the tenant liable for eviction.

Parties
Appellant: Ram Murti Devi; Respondents: Pushpa Devi and Others
Jurisdiction
India
Judgment Date
11 July 2017
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court Judgment (civil Revision)
Outcome
Appeal allowed; judgment of High Court set aside; order of eviction by trial court restored.
Legal Topics
Eviction, Subletting, Burden of Proof, Revisional Jurisdiction
Rent Control Landlord and Tenant Eviction Subletting Burden of Proof Revisional Jurisdiction

Case Brief

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Parties

Ram Murti Devi

Appellant

Pushpa Devi and Others

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court Judgment (civil Revision)

Legal Issues

  1. 1 Whether the tenant has unlawfully sub-let a portion of the shop to a third party making him liable for eviction under the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972.
  2. 2 Whether the High Court correctly set aside the trial court’s finding of subletting.

Ratio Decidendi

The landlord established parting of possession by tenant of a portion of the shop to Mohd. Ezaj, and tenant failed to substantiate that Ezaj was merely a worker by not producing statutory documentary proof. Thus, essential ingredients of sub-letting under Section 20(2)(e) read with Section 25 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 are met, making the tenant liable for eviction.

Court Disposition

Appeal allowed; judgment of High Court set aside; order of eviction by trial court restored.

Orders

  • Respondents/tenants to file undertaking before trial court within four weeks from judgment date; they may continue possession for one year from date of judgment.