Case Note & Summary
The original plaintiffs, landlords of a premises in Thane, filed a suit for eviction against the tenant Shankar Parshuram Naik (since deceased, represented by legal heirs) under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947. The landlords alleged that the tenant had sublet the premises without their consent and had carried out unauthorised construction, causing nuisance. The trial court (Joint Civil Judge, J.D., Thane) decreed the suit in favour of the landlords. The tenant appealed to the District Court, and the Sixth Additional District Judge, Thane, partly allowed the appeal, setting aside the eviction decree. The landlords then filed a second appeal before the High Court. The High Court framed the substantial question of law as to whether the tenant's subletting and unauthorised construction constituted grounds for eviction. The landlords argued that the tenant had sublet a portion of the premises to a third party and had made structural changes without permission, which amounted to nuisance. The tenant contended that there was no subletting and that the construction was necessary for his family. The High Court analysed the evidence and found that the tenant had indeed sublet a part of the premises and had carried out unauthorised construction, which caused nuisance to the landlords. The court held that both grounds under Section 13(1)(e) of the Act were established. Consequently, the High Court allowed the appeal, set aside the judgment of the first appellate court, and restored the trial court's decree of eviction. The cross-objection filed by the tenant was dismissed.
Headnote
A) Rent Control - Eviction - Subletting - Section 13(1)(e) Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 - Landlords sought eviction on ground of subletting and nuisance - Trial court decreed eviction, first appellate court reversed - High Court held that subletting without consent and unauthorised construction by tenant amounted to nuisance - Held that both grounds were proved and tenant was liable to be evicted (Paras 1-15).
Issue of Consideration
Whether the tenant's subletting and unauthorised construction constitute grounds for eviction under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.
Final Decision
Appeal allowed. Judgment and decree of the first appellate court set aside. Trial court's decree of eviction restored. Cross-objection dismissed.
Law Points
- Subletting without consent constitutes ground for eviction under Section 13(1)(e) of Bombay Rents
- Hotel and Lodging House Rates Control Act
- 1947
- Nuisance by tenant is a ground for eviction
- Tenant's unauthorised construction amounts to nuisance
- Landlord need not prove personal requirement if statutory ground is made out
