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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice SATHI KUMAR SUKUMARA KURUP
Kantilal Lasaji – Appellant
Versus
Dinesh Kumar – Respondent
ORDER :
1. Both the Civil Revision Petitions are filed against the common Judgment dated 24.09.2021 passed in R.C.A. Nos. 765 and 790 of 2018 on the file of the learned VII Judge, Small Causes Court (Appellate Authority) at Chennai.
2. The RCOP No. 1431 of 2015 was filed by Dinesh Kumar (hereinafter referred to as Landlord) under Section 10 (2) (i) and 10 (2) (ii) (a) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 praying to pass an order of eviction against the Respondents namely (i) Kantilal Lasaji and (ii) Beru Singh (hereinafter called as Tenants) on the grounds of wilful default and sub-letting.
3. As per the averments in RCOP No. 1431 of 2015, the first Respondent – Kantilal Lasaji was inducted as a tenant in respect of the premises bearing Door No.36/3, Perumal Mudali Street, Sowcarpet, Chennai for non-residential purpose on a monthly rent of Rs.5,577/- per month. The first Respondent-tenant is running a shop in the name and style of Mahalakshmi Bangles Store. According to the landlord, the first Respondent- tenant is in arrears of rent from December 2012 to July 2015 to the tune of Rs.1,78,464/-. When the landlord approached the first Respondent-tenant, he evad
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 burden of proof in establishing illegal subletting and the interpretation of legal provisions related to withdrawal of earlier proceedings were central to the judgment.
The court established that a landlord-tenant relationship suffices for eviction under the Maharashtra Rent Control Act, regardless of ownership, emphasizing unlawful subletting and rent default as gr....
The court emphasized strict adherence to statutory provisions in eviction cases, particularly regarding rent payment and tenant obligations under the Bombay Rent Act.
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