Case Note & Summary
The case involves a writ petition filed under Article 227 of the Constitution of India by the original defendant no.2 (petitioner no.1) and defendant no.3 (petitioner no.2) challenging the eviction decree passed by the trial court and maintained by the appellate court. The respondent no.1 (original plaintiff) is the landlady of a shop, and respondent no.2 (original defendant no.1) was the tenant. The petitioners were the tenant and subtenant respectively. The rent agreed was Rs.2500 per month. The landlady filed a suit for eviction on the ground that the tenant had sublet the premises to the subtenant without her written consent, which is prohibited under Section 15 of the Maharashtra Rent Control Act, 1999. The trial court decreed eviction, and the appellate court confirmed the decree. The petitioners argued that the subletting was with the consent of the landlady, but they failed to produce any written consent. The court held that under Section 15, subletting without the written consent of the landlord is unlawful, and the burden of proof lies on the tenant to show that consent was obtained. Since no such consent was proved, the eviction decree was upheld. The writ petition was dismissed.
Headnote
A) Rent Control - Unauthorised Subletting - Section 15 Maharashtra Rent Control Act, 1999 - Eviction - The landlady sought eviction of tenant and subtenant on ground of unauthorised subletting. The tenant failed to prove that he had obtained written consent of the landlady before subletting. The trial court and appellate court decreed eviction. Held that subletting without written consent of landlord is unlawful and liable for eviction (Paras 2-14).
Issue of Consideration
Whether the subletting by the tenant to the subtenant was lawful under Section 15 of the Maharashtra Rent Control Act, 1999, and whether the courts below correctly decreed eviction.
Final Decision
Writ petition dismissed; eviction decree upheld.
Law Points
- Unauthorised subletting
- Written consent of landlord
- Burden of proof on tenant
- Section 15 Maharashtra Rent Control Act
- 1999
- Eviction decree
- Article 227 Constitution of India
