Case Note & Summary
The petitioner, original plaintiff, along with respondent Nos. 3 and 4, filed a suit (R.C.S. No. 385/1977) against respondent Nos. 1 and 2 in the Court of Civil Judge Junior Division, Bhusawal, under the Bombay Rents Hotel and Lodging House Rates Control Act, 1947. The suit sought possession of the suit premises, arrears of rent, and future damages on two grounds: first, that respondent No. 1 had sublet the suit premises to respondent No. 2 without the landlord's permission; second, that both defendants had made structural alterations to the suit premises without the landlord's consent. The Civil Judge Junior Division, Bhusawal, by judgment and decree dated 03.01.1984, dismissed the suit. The petitioner appealed to the District Court, Jalgaon, in Civil Appeal No. 86/1984, which was also dismissed on 25th March, 1992. Aggrieved, the petitioner filed the present writ petition in the Bombay High Court. The legal issues were whether the lower courts erred in not appreciating the petitioner's contentions regarding subletting and structural alterations. The petitioner's counsel argued that both courts failed to properly consider the evidence. However, the High Court, after hearing the counsel, found no merit in the petition. The court noted that both lower courts had concurrently held that the petitioner failed to prove subletting or structural alterations. The High Court declined to interfere with these concurrent findings of fact, as they were not shown to be perverse or based on no evidence. Consequently, the writ petition was dismissed.
Headnote
A) Rent Control - Subletting - Burden of Proof - Bombay Rents Hotel and Lodging House Rates Control Act, 1947 - Landlord alleged subletting of suit premises by tenant to another without permission - Both lower courts found no evidence of subletting - Held that landlord failed to discharge burden of proof - Concurrent findings not interfered with (Paras 2-4). B) Rent Control - Structural Alterations - Burden of Proof - Bombay Rents Hotel and Lodging House Rates Control Act, 1947 - Landlord alleged structural alterations made by tenants without consent - Lower courts found no proof of such alterations - Held that landlord's contention was not appreciated correctly but no perversity shown - Petition dismissed (Paras 2-4).
Issue of Consideration
Whether the lower courts erred in dismissing the suit for possession on grounds of subletting and structural alterations under the Bombay Rents Hotel and Lodging House Rates Control Act, 1947.
Final Decision
Writ petition dismissed. The judgment and order dated 03.01.1984 passed by the Civil Judge Junior Division, Bhusawal in R.C.S. No. 385/1977, confirmed by the Additional District Judge, Jalgaon on 25th March, 1992 in Civil Appeal No. 86/1984, are upheld.
Law Points
- Burden of proof on landlord to establish subletting and structural alterations
- Concurrent findings of fact not interfered with unless perverse
- Bombay Rents Hotel and Lodging House Rates Control Act
- 1947
