KRISHNAWATI vs HANS RAJ

The Supreme Court held that under Section 39(2) of the Delhi Rent Control Act, 1958, the High Court could only interfere in second appeals if a substantial question of law was involved. The Court clarified that the question of subletting is a factual determination, not a mixed question of law and fact, and the onus of proving subletting lies with the landlord. The Court found that the landlord failed to provide evidence of subletting, thus allowing the appeal and overturning the High Court's decision.