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august 1999

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.

RESHAM SINGH vs RAGHBIR SINGH · Niyam