Supreme Court of India · 1999-08-23
RESHAM SINGH vs RAGHBIR SINGH
- Citation / case number
- SC 1998/13440
- Court
- Supreme Court of India
- Petitioner
- RESHAM SINGH
- Respondent
- RAGHBIR SINGH
- Author
- V.N.KHARE S.N.PHUKAN
- Bench
- V.N.KHARE S.N.PHUKAN
Judgment text excerpt
The Supreme Court held that the High Court's powers under sub-Section (5) of Section 15 of the East Punjab Urban Rent Restriction Act allow it to examine the legality and propriety of lower court decisions regarding sub-letting. The Court found that the High Court erred in its determination of sub-letting, emphasizing that the landlord bears the burden of proof to establish exclusive possession by the sub-tenant and the relationship of lessee and lessor. Consequently, the Supreme Court set aside the High Court's judgment, reinstating the findings of the Rent Controller and Appellate Authority.