RESHAM SINGH versus RAGHBIR SINGH AND ANOTHER

RESHAM SINGH versus RAGHBIR SINGH AND ANOTHER

There was no evidence of lessee-lessor relationship or exclusive possession by respondent No. 2, nor parting of possession by respondent No. 1; High Court was correct to set aside eviction as no sub-letting was proved under law.

Parties
Appellant: Resham Singh; Respondent No. 1: Raghbir Singh; Respondent No. 2: Kuldeep Singh
Jurisdiction
India
Judgment Date
23 August 1999
Procedural Posture
Civil Appeal / Appeal From High Court Revision Order
Outcome
Appeal dismissed
Legal Topics
Sub Letting, Eviction, East Punjab Urban Rent Restriction Act
Rent Control Property Law Sub Letting Eviction East Punjab Urban Rent Restriction Act

Case Brief

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Parties

Resham Singh

Appellant

Raghbir Singh

Respondent No. 1

Kuldeep Singh

Respondent No. 2

Procedural Posture

Civil Appeal / Appeal From High Court Revision Order

Legal Issues

  1. 1 Whether respondent No. 1 sub-let the premises to respondent No. 2 under East Punjab Urban Rent Restriction Act Section 15(5)
  2. 2 Whether High Court has power under Section 15(5) of the Act to set aside findings of fact on sub-letting

Ratio Decidendi

There was no evidence of lessee-lessor relationship or exclusive possession by respondent No. 2, nor parting of possession by respondent No. 1; High Court was correct to set aside eviction as no sub-letting was proved under law.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs