JUDMGNET

S.C. AGRAWAL, J.- Special leave granted.

2. The appellant is the tenant of premises consisting of three rooms, a kitchen and a toilet, situated at Jaipur. The respondent (landlord) filed a suit for the eviction of the appellant on the ground of reasonable and .bona fide personal necessity and sub-letting of the premises without his consent. The said suit was decreed by the trial Court on both the grounds. On appeal the suit was dismissed by the Additional District Judge. The High Court, in second appeal, reversed the judgment and decree of the Additional District Judge and has passed a decree for eviction against the appellant on the ground that the appellant has sub-let or otherwise parted with the possession of the premises without the consent of the landlord.

3. In the site plan (Ex. A-1) the premises which have been let to the appellant are marked as K. The adjacent room marked as J has been let out by the respondent to Shri Mahendra Singh, the brother-in-law of the appellant. The case of the respondent is that the appellant has sub-let a part of the premises to Mahendra Singh and that he is residing therein. The Additional District Judge has found that Mahendra Singh is employed by the appellant and is residing in the room marked J, as a tenant under the respondent. It has been found that he has been using the latrine and kitchen which form part of the premises let out to the appellant. Mahendra Singh being the brother-in-law of the appellant and in the service of the appellant could not be taken to be a sub-tenant merely by the use of the kitchen and latrine and that for sub-tenancy it is essential that the possession of Mahendra Singh upon the premises must be exclusive. It was also found that the exclusive possession was not proved by the evidence of the respondent and much less any proof of rent paid to the appellant. The High Court, in second appeal has reversed the said findings of the Additional District Judge relying upon the evidence of Mahendra Singh JPW 2) who has admitted that the premises marked K-1 to K-4 are utilised by him and Vishnu Dev (DW-3) who has stated in cross-examination that the appellant is not in occupation of the premises and portion marked K-1 to K-4 has been in occupation of Mahendra Singh. The High Court has held that the appellant has sub-let or otherwise parted with the premises without the permission of the landlord and that being so, the appellant is liable for eviction.

4. Shri Sachar, learned counsel for the appellant, has assailed the said finding recorded by the High Court that the appellant has sub-let or parted with the possession of the premises, and has submitted that mere user of kitchen and latrine by Mahendra Singh, who is the brother-in-law as well as an employee of the appellant, cannot mean that the appellant has sub-let or parted with the possession of the premises. In support of the submission, Shri Sachar has placed reliance on the decision of this Court in Jagan Nath v. Chander Bhan, (1988) 3 SCC 57, and Gopal Saran v. Satya Narayana, (1989) 3 SCC 56. Shri Chitale, learned counsel for the respondent, on the other hand, has supported the decision of the High Court and has urged that in the facts and circumstances of the case of the High Court was right in holding that the appellant has sub-let or parted with the possession of the premises and he has placed reliance on the decision of this Court in Roop Chand v. Gopi Chand Thelia, (1989) 2 SCC 383.

5. Under S. 13 (1)(e) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950, (hereinafter referred to as the Act), the tenant is liable to be evicted, if he has assigned, sub-let or otherwise parted with the possession of the whole or any part of the premises without the permission of the landlord. Sub-letting means transfer of an exclusive right to enjoy the property in favour of the third party and the said right must be in lieu of payment of some compensation or rent. Parting of the legal possession Means p