1987 Supreme(SC) 276

SUPREME COURT OF INDIA
A.P. SEN AND V. BALAKRISHNA ERADI, JJ.
Southern Command Military Engineering Services Employees Co-op. Credit Society, Appellant
Versus
V.K.N. Nambiar (since deceased) by legal representative Madhvi Devi, Respondent.
Civil Appeal No. 608 of 1979, D/-27-2-1987.

Headnote:REPORT SHOWING THAT THE DEMISED PREMISES NOT IN OCCUPATION OF TENANT—INFERENCE OF SUBLETTING COULD BE DRAWN—HENCE SETTING ASIDE OF DECREE OF EVICTION BY HIGH COURT NOT PROPER - Commissioners Report—DEMISED PREMISES NOT IN OCCUPATION OF TENANT BUT IN OCCUPATION OF STRANGERS AS PER REPORT OF COMMISSIONER—INFERENCE OF SUBLETTING CAN BE DRAWN—HIGH COURT REFUSING TO ACT ON SUCH REPORT—WHETHER JUSTIFIED

       -as held in the case of Southern Command Military Engineering Services Employees Co-op. Credit Society v. V.K.N. Nambiar, AIR 1988 SC 2126, the High Court was obviously in error in its view that the Commissioner’s report could not be acted upon or be treated as legal evidence. The Commissioner’s report tends to show that the demised premises are no longer in occupation of the respondent but in occupation of strangers which fact does see an inference of subletting as held by the lower Appellate Court. Thereafter the evidence of the appellant was recorded and there is no evidence that the witness examined on commission could have attended the court during the time the case was pending. Hence held that the statement of the witness examined on commission was not inadmissible.