The Bombay High Court dismissed a Civil Revision Application, upholding the Appellate Court's decree directing the eviction of the tenant for unlawful subletting. The court observed that the defendant failed to prove their exclusive possession of the premises and the absence of any subletting arrangement, shifting the burden to the tenant, which they could not discharge.
Background of the Case
The property in question is a shop located on the ground floor of Building Nos. 195-201 at V.P. Road, Mumbai.
The original tenant, Anant Krishna Sabale, was succeeded by his son, Santosh Anant Sabale, after the former's demise.
Contentions of the Plaintiff (Landlord)
Allegations of unlawful subletting: The tenant sublet the premises to Kalpesh Thakkar, who ran a business named "Woods Fashion."
Failure to pay rent: Tenants were in arrears of ₹11,979, including rent and taxes.
Contentions of the Defendant (Tenant)
Denied subletting, claimed Thakkar was an employee.
Asserted continuous operation of various businesses in the premises under their own control.
Trial Court Judgment
Dismissed the suit, holding that the plaintiff failed to prove unlawful subletting or rent default.
Appellate Court Ruling
Reversed the Trial Court's decision, decreed eviction based on unlawful subletting.
Held that the tenant could not justify the presence of a third party in the premises.
High Court's Observations
Verified frequent changes in business and the tenant's failure to provide evidence of their own operations.
Concluded subletting was proven based on circumstantial evidence and adverse inferences against the tenant.
Acts and Sections Discussed:
Section 115, Code of Civil Procedure, 1908: Revisionary powers of the High Court.
Relevant Rent Control Laws: Addressing unlawful subletting and tenant's obligations.
Ratio Decidendi:
The initial burden of proving subletting lies with the landlord.
Once exclusive possession by a third party is shown, the burden shifts to the tenant to disprove subletting.
The inability of the tenant to produce evidence supporting their claims strengthens the landlord's case.
Subjects:
Eviction on the grounds of unlawful subletting under rent control laws.
