Case Note & Summary
The petitioners, landlords of a premises in Pandharpur, filed a suit for eviction against the respondent-tenant under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, on grounds of subletting and non-user of the premises for six months without reasonable cause. The trial court decreed eviction in favor of the landlords. The tenant appealed to the Additional District Judge, Pandharpur, who reversed the trial court's decree and dismissed the suit. The landlords then invoked Article 227 of the Constitution of India before the Bombay High Court. The High Court examined the appellate court's judgment and found that it had failed to consider the evidence on record, particularly the fact that the tenant had sublet the premises to a third party and had not used the premises for the statutory period. The High Court held that the appellate court's findings were perverse and not based on evidence. Consequently, the High Court set aside the appellate court's judgment and restored the trial court's decree of eviction. The court emphasized that the appellate court must base its reversal on evidence and cannot ignore material on record.
Headnote
A) Rent Control - Eviction - Subletting - Section 13(1)(e) of Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 - Landlords sought eviction on ground of subletting by tenant - Trial court decreed eviction finding subletting proved - Appellate court reversed without considering evidence - Held that appellate court's finding was perverse and not based on evidence, hence set aside (Paras 1-10). B) Rent Control - Eviction - Non-user - Section 13(1)(k) of Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 - Landlords also sought eviction on ground of non-user of premises for six months without reasonable cause - Trial court decreed eviction - Appellate court reversed - Held that appellate court's reversal was not justified as evidence showed non-user (Paras 1-10).
Issue of Consideration
Whether the appellate court was justified in reversing the trial court's decree of eviction on grounds of subletting and non-user of premises under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.
Final Decision
The High Court allowed the writ petition, set aside the appellate court's judgment dated 15th November 1991, and restored the trial court's decree of eviction.
Law Points
- Subletting without landlord's consent constitutes ground for eviction
- Non-user of premises for six months without reasonable cause is a ground for eviction
- Appellate court's reversal of trial court's findings must be based on evidence and not perverse
