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MAHENDAR KUMAR GOYAL
Ghisa Lal – Appellant
Versus
Tapadia Bagichi Trust – Respondent
ORDER
1. This writ petition under Article 227 of the Constitution of India has been preferred by the petitioners/non-applicants/tenants against the judgment and recovery certificate dated 04.11.2019 whereby, the learned Appellate Rent Tribunal, Sikar has dismissed the Appeal No.20/2012, CIS No.42/2014 preferred by the petitioners against the judgment dated 21.05.2012 passed by the learned Rent Tribunal, Sikar in Eviction Petition No.13/2004 whereby, the rent application filed by the respondents-applicants was partly allowed.
2. The facts in brief are that the respondents-applicants filed a rent application under Sections 6 & 9 of the Rajasthan Rent Control Act, 2001 (for brevity, 'the Act of 2001') against the petitioners/tenants seeking revision of rent and eviction from the suit-premises comprising of two shops; i.e., eastern and western shop on the grounds of subletting (Issue No.2), denial of title and non-user (Issue No.4). The learned Rent Tribunal, Sikar vide its judgment dated 21.05.2012 granted recovery certificate qua the grounds of subletting and non-user which was unsuccessfully challenged by the petitioners by way of an appeal which came to be dismissed by the learned Ap
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 court ruled that to establish sub-letting under the Tamil Nadu Buildings (Lease and Rent Control) Act, the landlord must prove the tenant has transferred exclusive possession, which was not done ....
The burden of proof with respect to subletting shifts to the tenant once the landlord prima facie shows that the tenant has parted with possession. The court relied on case law to establish that the ....
A tenant's unauthorized use of premises and subletting without landlord consent constitutes a breach of tenancy, justifying eviction.
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.
Revisional jurisdiction under rent act limits interference to perversity or illegality, not reappreciation; impleaded subtenant has locus to challenge; pleading deficiencies non-fatal absent prejudic....
The court upheld the concurrent findings of fact regarding the tenant's subletting of premises, affirming the dismissal of the writ petition under limited supervisory jurisdiction.
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