Back
A. S. SUPEHIA
Kamlaben Doulatram Khatri – Appellant
Versus
Devidas Dulhannomal – Respondent
JUDGMENT :
1. The present revision application under Section 29(2) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (Rent Act) emanates from the judgment and order dated 27.04.2015 passed by the appellate bench of Small Causes Court, Ahmedabad in Regular Civil Appeal No.104 of 2010, whereby the appellate court has allowed the appeal filed by the opponent-original defendant No.2 by setting aside the judgment and decree dated 29.09.2010 passed by the trial Court in HRP Suit No.727 of 2005.
The parties shall be referred as per the original status in the suit proceedings.
2. The plaintiffs instituted HRP Suit No.725 of 2005, being landlords of the suit premises i.e. Shop No.2, admeasuring about 146.81 sq.yard, situated at the Ground Floor of Kandhari Apartment, in Survey Nos.54, 57 and 58 paiki, situated at Saijpur Bogha, District-sub-district Ahmedabad.
2.1 It is the case of the plaintiffs that the defendant No.1, had sublet the suit premises to the defendant No.2 and accordingly the suit was instituted seeking recovery of possession of the suit premises as well as for recovery of mesne profit and for permanent injunction for handing over the possession of the suit pre
The suit can proceed against a sub-tenant even if the suit against the original tenant is dismissed, as per the provisions of Order IX Rule 5 and 11 of the CPC.
The burden of proof for unlawful subletting shifts to the tenant once the landlord establishes exclusive possession by a third party.
The court emphasized strict adherence to statutory provisions in eviction cases, particularly regarding rent payment and tenant obligations under the Bombay Rent Act.
The court established that tenancy obligations persist despite a fixed-term lease expiry, emphasizing proper compliance with eviction notices as crucial for tenant protection.
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....
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....
To claim protection under the Bombay Rent Act, a defendant must prove a subsisting license agreement before the cut-off date of 01/02/1973; mere occupation does not confer tenancy rights.
Occupants must establish lawful subsisting license agreements as of February 1, 1973, to benefit from tenant protections under the Bombay Rent Act; mere possession or oral agreements are insufficient....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
