Case Note & Summary
The dispute arose from an eviction petition filed by a landlord against a tenant and a sub-tenant under the Haryana Urban (Control of Rent and Eviction) Act, 1973. The tenant, Musadi Lal, had sublet the premises without the landlord's consent, prompting the landlord, Om Prakash, to seek eviction. After Musadi Lal's death, Bal Kishan, claiming to be his legal heir, sought to be recognized as a tenant. The Rent Controller ruled against Bal Kishan, stating that he could not claim tenant status as the premises were non-residential. Bal Kishan's appeals to the Appellate Authority and the High Court were unsuccessful. The Supreme Court upheld the lower courts' decisions, affirming that Bal Kishan's possession was not that of a tenant but a trespasser, as he could not resist eviction based on the grounds of subletting without consent. The court clarified that the legal representative could not raise defenses that would oust the Rent Controller's jurisdiction. The appeal was dismissed with no order as to costs.
Headnote
A) Rent Control - Tenant Rights - Legal Heir's Status - Haryana Urban (Control of Rent and Eviction) Act, 1973, Sections 2(h), 13(2)(ii)(a) - The legal heir of a deceased tenant cannot claim tenant status if the premises are non-residential and commercial, thus their possession is that of a trespasser. The Rent Controller was correct in allowing eviction based on subletting without consent. Held that the legal heir's possession is not that of a trespasser due to the permissive nature of the original tenant's possession (Paras 525-627).
Issue of Consideration
Whether the legal heir of a deceased tenant can be treated as a tenant under the Haryana Urban (Control of Rent and Eviction) Act, 1973.
Final Decision
The Supreme Court dismissed the appeal, affirming the lower courts' decisions that the legal heir could not claim tenant status and was liable for eviction due to subletting without consent.
Law Points
- Eviction
- Subletting
- Legal Representative
- Tenant Rights
- Jurisdiction of Rent Controller
