ROOP CHAND versus GOPI CHAND THALIA

ROOP CHAND versus GOPI CHAND THALIA

The appellant had parted with possession of the premises in favour of the club, which attracts Section 13(1)(e) of the Rajasthan Premises (Control of Rent & Eviction) Act, 1950, making him liable to eviction even if there was no subletting for rent.

Parties
Appellant: Roop Chand; Respondent: Gopi Chand Thalia
Jurisdiction
India
Judgment Date
29 March 1989
Procedural Posture
Civil Appeal / Supreme Court Appeal by Special Leave From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Subletting, Parting With Possession, Eviction, Additional Evidence
Landlord Tenant Law Subletting Parting With Possession Eviction Additional Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Roop Chand

Appellant

Gopi Chand Thalia

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal by Special Leave From High Court Judgment

Legal Issues

  1. 1 Whether user of leased premises by a social club amounts to parting with possession under Section 13(1)(e) of the Rajasthan Premises (Control of Rent & Eviction) Act, 1950
  2. 2 Whether the tenant is liable to eviction for parting with possession without the landlord's permission
  3. 3 Whether permission to file additional documents as evidence should be granted at the Supreme Court stage

Ratio Decidendi

The appellant had parted with possession of the premises in favour of the club, which attracts Section 13(1)(e) of the Rajasthan Premises (Control of Rent & Eviction) Act, 1950, making him liable to eviction even if there was no subletting for rent.

Court Disposition

Appeal dismissed

Orders

  • Appellant given three months to vacate and deliver possession to respondent, subject to undertaking within four weeks.
  • Civil miscellaneous petition for additional evidence dismissed.