SRI CHAND GUPTA versus GULZAR SINGH AND ANR.

SRI CHAND GUPTA versus GULZAR SINGH AND ANR.

The tenant's brother's admission is inadmissible and not binding on the tenant under Section 18. The finding of sub-letting was vitiated by reliance on inadmissible evidence, and therefore the High Court properly reappreciated the evidence and dismissed the eviction petition.

Parties
Appellant: SRI CHAND GUPTA; Respondent: GULZAR SINGH; Respondent: Avtar Singh
Jurisdiction
India
Judgment Date
22 October 1991
Procedural Posture
Civil Appeal / Supreme Court Appeal Under Article 136 From High Court Order
Outcome
Appeal dismissed
Legal Topics
Eviction, Sub Letting, Admissions
Rent Control Evidence Eviction Sub Letting Admissions

Case Brief

Summary, issues, holding and outcome

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Parties

SRI CHAND GUPTA

Appellant

GULZAR SINGH

Respondent

Avtar Singh

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal Under Article 136 From High Court Order

Legal Issues

  1. 1 Whether an admission in an affidavit by the tenant's brother is admissible and binding on the tenant under Section 18 of the Evidence Act
  2. 2 Whether the High Court was justified in interfering with concurrent findings of fact by the Rent Controller and Tribunal

Ratio Decidendi

The tenant's brother's admission is inadmissible and not binding on the tenant under Section 18. The finding of sub-letting was vitiated by reliance on inadmissible evidence, and therefore the High Court properly reappreciated the evidence and dismissed the eviction petition.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed without costs