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august 1988

Supreme Court of India · 1988-08-09

SMT. RAJBIR KAUR & ANR. vs S. CHOKESIRI & CO.

Citation / case number
SC 1982/63891
Court
Supreme Court of India
Petitioner
SMT. RAJBIR KAUR & ANR.
Respondent
S. CHOKESIRI & CO.
Author
M.N. VENKATACHALLIAH
Bench
M.N. VENKATACHALLIAH

Judgment text excerpt

The Supreme Court held that under Section 13 of the East Punjab Urban Rent Restriction Act, 1949, eviction can be granted on the ground of unauthorized sub-letting. The Court emphasized that the determination of lease versus license is based on the actual rights and possession rather than labels used by parties, as per Section 105 of the Transfer of Property Act, 1882. The Court reinstated the findings of the Rent Controller and Appellate Authority regarding sub-letting, particularly concerning the ice-cream vendor, thereby reversing the High Court's decision that had set aside the eviction order.

SMT. RAJBIR KAUR & ANR. vs S. CHOKESIRI & CO. · Niyam