Case Note & Summary
The petitioners, original defendants, challenged the judgment and order dated 28.2.2005 passed by the learned Judge, Small Causes Court, Nagpur in Regular Civil Suit No.411 of 2002, which decreed possession in favor of the respondent-plaintiff. The trial court found that defendants nos. 1 to 4 had illegally sublet the suit premises, directing them to deliver possession and ordering an inquiry into mesne profits under Order XX, Rule 12 of the Code of Civil Procedure. The defendants' appeal (Regular Civil Appeal No.111 of 2007) was dismissed on 7.1.2008 by the learned Adhoc District Judge-7, Nagpur, who affirmed that the tenancy was liable to be forfeited. The dispute concerned the southern block of two rooms. The High Court, after hearing counsel, dismissed the writ petition, upholding the concurrent findings of the courts below that the defendants had sublet the premises without the landlord's consent, thereby forfeiting their tenancy. The court found no perversity or error of law in the impugned judgments.
Headnote
A) Rent Control - Illegal Subletting - Section 15 Maharashtra Rent Control Act, 1999 - Forfeiture of Tenancy - The dispute pertained to alleged subletting of suit premises by tenants without landlord's consent. The trial court found defendants sublet the premises illegally and directed possession and inquiry into mesne profits. The appellate court affirmed forfeiture of tenancy. Held that subletting without consent is a ground for eviction under the Act (Paras 2-4).
Issue of Consideration
Whether the defendants illegally sublet the suit premises, warranting a decree for possession and mesne profits.
Final Decision
Writ petition dismissed. The impugned judgments and orders of the trial court and appellate court are upheld. No order as to costs.
Law Points
- Subletting without landlord's consent constitutes forfeiture of tenancy
- Mesne profits under Order XX Rule 12 CPC
- Burden of proof on tenant to prove lawful subletting
Case Details
2014 LawText (BOM) (07) 128
Writ Petition No.923 of 2008
Mr. A.N. Ansari for Petitioners, Mr. A. Shelat for Respondents
Mst. Fatimabee (dead) through L.Rs. and others
Kamrunisa (dead) through L.Rs. and another
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Nature of Litigation
Civil writ petition challenging concurrent findings of eviction for illegal subletting.
Remedy Sought
Petitioners sought to quash the judgment and order of the trial court and appellate court decreeing possession and mesne profits.
Filing Reason
Petitioners alleged that the courts below erred in finding illegal subletting and forfeiture of tenancy.
Previous Decisions
Trial court decreed possession and mesne profits; appellate court dismissed appeal affirming forfeiture of tenancy.
Issues
Whether the defendants illegally sublet the suit premises.
Whether the tenancy was liable to be forfeited due to subletting.
Submissions/Arguments
Petitioners argued that the findings of subletting were erroneous.
Respondents supported the concurrent findings of illegal subletting.
Ratio Decidendi
Subletting of tenanted premises without the landlord's consent constitutes illegal subletting under Section 15 of the Maharashtra Rent Control Act, 1999, leading to forfeiture of tenancy and entitlement of the landlord to possession and mesne profits.
Judgment Excerpts
The petitioners have questioned validity and legality of the Judgment and Order, dt. 28.2.2005 passed by learned Judge, Small causes Court, Nagpur in Regular Civil Suit No.411 of 2002, which resulted in decree for possession.
Learned trial Judge found that defendants nos. 1 to 4 illegally sublet the suit premises.
The Appellate Court found that tenancy of defendants was liable to be forfeited.
Procedural History
Regular Civil Suit No.411 of 2002 decreed possession on 28.2.2005 by Small Causes Court, Nagpur. Appeal No.111 of 2007 dismissed on 7.1.2008 by Adhoc District Judge-7, Nagpur. Present writ petition filed on 2008.
Acts & Sections
- Code of Civil Procedure, 1908 (CPC): Order XX, Rule 12
- Maharashtra Rent Control Act, 1999: Section 15
