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SUDESH BANSAL
Gauri Shanker – Appellant
Versus
Keshar Dev – Respondent
JUDGMENT
1. Appellants-Defendants-Tenants (hereinafter referred as "Defendants") have preferred this second appeal under Section 100 CPC, assailing judgment and decree dated 17-8-1996 in Appeal No.9/1996 (16/1995), passed by Additional District Judge, Jhunjhunu dismissing appeal and affirming the judgment and decree dated 21-4-1995 passed by Civil Judge (Lower Division) Chirawa, in Civil Suit No.70/1981 whereby plaintiff's suit for eviction from tenanted shop and recovery of rent has been decreed.
2. The facts of case are that rented premises is a shop, which was admittedly let out orally by plaintiff way back on 7-7-1973 at the rent of Rs.35/- per month. The tenancy was oral. According to plaintiff shop was let out to defendant No.1, who further sublet it to defendant No.2 in the year 1977. Plaintiff alleged that defendant No.1 stopped to pay rent from June,1976 and committed default in payment of rent. The defendant No.2 was in service at BITS Pilani and the shop remained closed for near about three years. Some material alteration was also alleged in rented shop. Plaintiff issued a legal notice on 2-3-1977 asking the defendant to vacate rented shop and to pay due rent and charges o
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....
A tenant's unauthorized use of premises and subletting without landlord consent constitutes a breach of tenancy, justifying eviction.
The burden of proof for unlawful subletting shifts to the tenant once the landlord establishes exclusive possession by a third party.
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 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.
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 ....
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