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MAHENDAR KUMAR GOYAL
Suresh Kumar Sharma S/o Shri Ramlal – Appellant
Versus
Padamchand Chhabra S/o Gulabchand Chhabra – Respondent
JUDGMENT :
MAHENDAR KUMAR GOYAL, J.
S.B. Civil Writ Petition No. 7810/2016:
1. This writ petition under Article 227 of the Constitution of India is directed against the judgment dated 09.05.2016 passed by the learned Appellate Rent Tribunal, Jaipur Metropolitan (for brevity “the learned Appellate Rent Tribunal”) dismissing the Appeal No. 93/2015 preferred by the petitioner/tenant (for short “the tenant) and affirming the final order dated 11.05.2015 passed by the learned Rent Tribunal, Jaipur Metropolitan (hereinafter referred to as “the learned Rent Tribunal”) in Original Application No. 415/2003 filed by the predecessor in interest of the respondents No. 1/1 and 1/2 (for short “the landlord”) whereby, a recovery certificate was granted in his favour.
2. The relevant facts in brief are that the landlord filed an original application against the tenant and the proforma respondent No. 2 under Sections 6 and 9 of the Rajasthan Rent Control Act, 2001 seeking revision of rent and eviction from the rented premises comprising of a shop on the grounds of default, material alteration, nuisance and subletting/parting with possession by the tenant in favour of the proforma respondent no. 2.
3. Th
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.
Tenants can be evicted for using premises inconsistently with tenancy purpose, supported by sufficient evidence from the landlord.
The central legal point established in the judgment is that the creation of a sub-tenancy depends on the specific facts of each case and cannot be presumed solely based on a family member assisting i....
Since the Rent Tribunals have been given power to deal with incidental matters relating to dispute between landlord and tenant also, the case in hand, where suit for possession has been filed before ....
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 Supreme Court reaffirmed that the burden of proving unlawful sub-letting rests with the landlord and clarified the distinction between revisional and appellate jurisdiction, emphasizing that High....
The Appellate Rent Tribunal can only take evidence in exceptional circumstances and cannot usurp the jurisdiction of the Rent Tribunal.
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