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SANDEEP V. MARNE
Santosh Anant Sabale heir and legal representative of Anant Krishna Shabele – Appellant
Versus
Mathuradas Morarji (since deceased) – Respondent
JUDGMENT :
1) This Revision Application is filed challenging the judgment and decree dated 26 March 2022 passed by the Appellate Bench of Small Causes Court allowing Appeal No.133 of 2016 and setting aside the judgment and decree dated 25 November 2015 passed by Small Causes Court in R.A.E. & R. Suit No.808/1381 of 2001. The Small Causes Court had dismissed Plaintiffs suit seeking recovery of possession of the suit premises from the Defendants on the ground of unlawful subletting and default in payment of rent. The Appellate Court has decreed R.A.E. & R. Suit No.808/1381 of 2001 on the solitary ground of unlawful subletting and has directed Defendants to handover possession of the suit premises to the Plaintiffs in addition to an order of injunction permanently restraining the Defendants from parting with possession of the suit premises and/or inducting any persons therein under any agreement or arrangement.
2) Facts of the case, as pleaded in the plaint are that Plaintiffs are owners of Building No.195–201, V.P. Road, Mumbai–400 004. Mr. Anant Krishna Sabale was inducted as a tenant in respect of shop situated on ground ?oor on front side of the Building No.195-201, V.P. Road, Mumba
The burden of proof for unlawful subletting shifts to the tenant once the landlord establishes exclusive possession by a third party.
The court affirmed that unauthorized subletting and change of user from residential to commercial were established, with the burden of proof resting on the tenant's family to demonstrate the nature o....
A tenant's unauthorized use of premises and subletting without landlord consent constitutes a breach of tenancy, justifying eviction.
The court established that a landlord-tenant relationship suffices for eviction under the Maharashtra Rent Control Act, regardless of ownership, emphasizing unlawful subletting and rent default as gr....
The court upheld the finding of unauthorized subletting, emphasizing the significance of admissions regarding tenancy and the lack of evidence supporting the claim of tenancy for a club.
Important Point : The court affirmed that unauthorized subletting can be established through tenant admissions and evidence of continuous occupation by unauthorized individuals, impacting tenancy rig....
The court emphasized strict adherence to statutory provisions in eviction cases, particularly regarding rent payment and tenant obligations under the Bombay Rent Act.
Unauthorized subletting by a tenant constitutes a continuing breach, allowing landlords to seek eviction within the limitation period as long as the breach continues.
The assignment of tenancy rights under the guise of business transfer is unlawful unless it meets specific legal criteria, emphasizing genuine intent to continue the original business.
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