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AJOY KUMAR MUKHERJEE
Rampuria Estates Pvt. Ltd. – Appellant
Versus
Bijay Tractor Spares Pvt. Ltd. – Respondent
JUDGMENT :
AJOY KUMAR MUKHERJEE, J.
1. The present second appeal has been preferred against the judgment and decree of the first Appellate Court dated 13th May, 2005 in Title Appeal No. 19 of 2004 and 20 of 2004, whereby Court below has affirmed the judgment and decree of the Trial Court dated 22nd December, 2003 passed in Ejectment Suit No. 189 of 2002 and 190 of 2002.
2. The plaintiff/Appellant herein had inducted the defendant as the monthly tenant in respect of one godown being No. 2C on the first floor at premises no. 8/1, 8A, 8B, 8C, Lalbazar Street and one office space being No. 2 on the same floor. On or about 1997 plaintiff had filed two separate suits for eviction of the defendant from godown and the office space, one being Ejectment Suit no 309 of 1997 and another being ejectment suit no 310 of 1997 inter-alia on the grounds of subletting and for causing damages in the suit property. Said suits were subsequently renumbered as ejectment suit no 189 of 2002 and 190 of 2002.Both the suits were tried analogously by the Trial Court.
3. The plaint case in a nutshell is that the defendant was a monthly tenant under the plaintiff in respect of aforesaid office no 2, on the first flo
The plaintiff must prove subletting by producing proper evidence, and the High Court should not interfere with findings of fact unless they are contrary to the evidence on record.
Subletting does not require proof of monetary consideration; the key factor is whether the tenant has parted with exclusive possession without the landlord's consent.
Upon the expiration of a lease, if not renewed, the tenancy reverts to a month-to-month basis, which can be terminated with proper notice.
Concurrent findings of fact, even if erroneous, cannot be disturbed in a second appeal. Perversity in findings of fact requires a complete misreading of evidence or should be based only on conjecture....
The burden of proof for unlawful subletting shifts to the tenant once the landlord establishes exclusive possession by a third party.
A tenant's unauthorized use of premises and subletting without landlord consent constitutes a breach of tenancy, justifying eviction.
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....
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