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2021 Supreme(Raj) 1922

RAJASTHAN HIGH COURT
Dr. Pushpendra Singh Bhati, J.
Smt. Santosh Verma - Appellant
Versus
Govind - Respondent
S.B. Civil Writ Petition No. 14075/2019
Decided On : 06-12-2021

Advocates appeared:
Mr. Om Prakash Mehta, for the Appellant; Mr. Muktesh Maheshwari, for the Respondent.

Headnote:(A) Rajasthan Rent Control Act, 2001 - Sections 9(e) and 13(1) - Transfer of Property Act, 1882 - Section 108

(B)(j) - Request for eviction based on sub-letting and bona fide necessity - The tenant's claim of no sub-letting or default found unconvincing due to contradictory statements; burden of proof rests on tenant to refute allegations of sub-letting once made by landlord - The tenant failed to establish lack of alternative accommodation, affirming that once sub-letting is proved, the onus shifts to tenant to provide evidence to the contrary. (Paras 12, 13, 19, 46, and 48)

Facts of the case:
The tenant entered a rental agreement in 1988 with the original landlady, allowing for eviction upon notice. The landlady sought eviction citing subletting and personal necessity after selling the property to another. The tenant denied subletting but was contradicted by evidence presented.

Findings of Court:
The Court found the landlord's claim valid as the tenant could not sufficiently rebut the evidence provided regarding sub-letting, confirming eviction was warranted.

Issues: The main issues included determining if there was evidence of impermissible sub-letting and whether the tenant had alternative premises for business operations.

Ratio Decidendi: The Court affirmed that sub-letting must be proven by the landlord, but once established, the tenant must then demonstrate that possession was not transferred or that alternative premises are available. Failure to do so results in eviction.

Result: Writ petition dismissed, affirming the eviction order of tenant.

Table of Content
1. background on tenancy and eviction suits (Para 2 , 3 , 4 , 5)
2. details on the eviction petition process (Para 6 , 7 , 8 , 9 , 10)
3. appeal after rent tribunal's judgment (Para 11)
4. arguments on sub-letting and legal implications (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19)
5. citations from precedent cases on tenancy law (Para 20 , 21 , 22 , 23 , 24)
6. legal definitions and requirements for eviction (Para 25 , 26 , 27 , 28 , 29 , 30)
7. final application of legal principles to the case (Para 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41)
8. termination of case and final decision (Para 46 , 48)

ORDER

Dr. Pushpendra Singh Bhati, J. - This writ petition has been preferred claiming the following reliefs:

    "By an appropriate writ, order or direction, the impugned judgment and certificate dated 28.05.2019 (Annex. 11) passed by the learned Rent Appellate Tribunal, Udaipur in Rent Appeal No.23/2015 (C.I.S. No.24/2015) may kindly be quashed and set aside."

2. As the pleaded facts would reveal, one Smt. Hukam Kanwar w/o Late Shri Chatur Singh Shaktawat (hereinafter referred to 'as original landlady") let out, on rent, a shop situated outside Surajpole, Opposite Ashok Cinema, National Highway Link Road, Udaipur (in short, 'shop in question") to the present petitioner by executing a rent note dated 22.09.1988; in the said rent note, a stipulation was made that in the event of the original landlady requiring vacation of the shop in question, she shall give one month's prior notice in regard thereto to the petitioner-tenant; similarly, in case the petitioner-tenant wishes to vacate the shop in question, she shall also be required to give one month's prior notice thereof to the original landlady.

3. The petitioner-tenant, while obtaining the possession of the shop in question gave, through cheque, an amount of Rs.10,000/-as advance security deposit to the original landlady, in pursuance whereto, an agreement was executed by the original landlady in favour of the petitioner-tenant on 22.09.1988 itself.

4. The original landlady, however, instituted a suit for eviction against the petitioner-tenant before the learned Civil Judge (Junior Division), Udaipur on the ground of subletting, reasonable and bona fide necessity, requirement of alternative accommodation and default in payment of rent.

5. However, during pendency of the aforementioned eviction suit, the RAJASTHAN RENT CONTROL ACT , 2001 (hereinafter referred to as 'Act of 2001r) came into force, and therefore, the original landlady chose to withdraw the aforementioned suit, and the same was accordingly withdrawn. Thereafter, on 20.12.2003, an application (petition) under Section 9 of the Act of 2001 was filed before the learned Rent Tribunal, Udaipur by the original landlady for recovery of due rent and eviction of the shop in question on the ground of personal bona fide necessity of the original landlady and her family, subletting as well as availability of alternative shop with the petitioner-tenant situated at a distance of about 150-200 feet from the shop in question. The petitioner-tenant filed reply to the said eviction petition.

6. During pendency of the aforementioned eviction petition, Smt. Hukam Kanwar sold the shop in question to Govind Agarwal (respondent-landlord) through sale deed dated 01.05.2009; whereafter the respondent-landlord moved an application under Order 1 Rule 10 of the Code of Civil Procedure seeking his impleadment as the sole applicant in the eviction petition, in place of the original landlady.

Thereafter, the respondent-landlord was impleaded as sole applicant in place of earlier applicant Smt. Hukam Kanwar (original landlady), and accordingly, the respondent-landlord pursued the said eviction petition.

7. On 09.04.2010, the petitioner-tenant, through her Advocate, served a notice upon the respondent-landlord, inter alia requiring the respondent-landlord to furnish his necessary bank details, for the purpose of deposition of the amount of rent.

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