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IN THE HIGH COURT AT CALCUTTA, CIRCUIT BENCH JALPAIGURI
KRISHNA RAO
Rabindra Nath Ghosh – Appellant
Versus
Sanjay Sarkar – Respondent
JUDGMENT :
KRISHNA RAO, J.
1. The appellants/defendants have filed this present second appeal against the judgment and decree passed by the Learned Additional District Judge, First Track Court, Sadar, Cooch Behar in Title Appeal No. 01 of 2020 dated 25th August, 2023 and 16th October, 2023 respectively wherein the Learned Judge set aside the judgment and decree passed by the Learned Civil Judge, (Junior Division), Additional Court, Sadar Cooch Behar passed in Title Suit No. 52(A) of 2015 dated 24th December, 2019 and 8th January, 2020.
2. The respondent/plaintiff along with his mother, Manju Sarkar (since deceased) has filed suit against the appellants for eviction and recovery of possession of the tenanted premises i.e. one stall of approximate area of 180 sq. ft. with GCI sheet roof with pucca walls and kutcha floor.
3. As per the case of the respondent, by way of family settlement, the respondent got the portion of the tenanted premises along with other different tenanted premises. As the tenanted premises of the appellant no. 1 came in the share of the respondent, the appellant no. 1 started paying monthly rent of Rs. 35/- to the respondent and became tenant of the respondent. The
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A partnership does not negate a tenant's liability for sub-letting if the landlord proves exclusive possession by a third party without consent.
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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.
Subletting under the Maharashtra Rent Control Act is established if the tenant is absent and family members occupy the premises without concurrent residence with the tenant, failing to negate the sub....
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.
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....
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