BAL KISHAN vs OM PRAKASH & ANR.

The Supreme Court held that under Section 2(h) of the Haryana Urban (Control of Rent and Eviction) Act, 1973, a legal heir of a deceased tenant cannot be treated as a tenant if the premises are non-residential and commercial. The Court ruled that the possession of the legal heir is not that of a trespasser, as it is permissive, and thus the Rent Controller had jurisdiction to proceed with the eviction petition under Section 13(2)(ii)(a) of the Act. The appeal was dismissed, affirming the eviction order based on subletting without landlord consent.