JAGDISIH PRASAD vs SMT. ANGOORI DEVI

The Supreme Court held that under the U.P. Act No. 13 of 1972, the mere presence of a person other than the tenant in the premises does not automatically imply sub-tenancy. The Court emphasized that it is the landlord's responsibility to provide concrete evidence of sub-letting, and the trial court's assumption of sub-tenancy based solely on a photograph was erroneous. The Court allowed the tenant's appeal, affirming that the revisional authority correctly identified the legal error made by the trial court in its assessment of evidence and jurisdiction under Section 25 of the Provincial Small Cause Courts Act, 1887.