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march 2008

Supreme Court of India · 2008-03-28

Nirmal Kanta (Dead) Through Lrs vs Ashok Kumar & Anr

Citation / case number
AIR 2008 SUPREME COURT 1768
Court
Supreme Court of India
Petitioner
Nirmal Kanta (Dead) Through Lrs
Respondent
Ashok Kumar & Anr
Author
Altamas Kabir
Bench
C.K. Thakker, Altamas Kabir

Judgment text excerpt

The Supreme Court held that under Section 13 of the East Punjab Rent Restriction Act, 1949, the burden of proof lies on the landlord to establish the grounds for eviction, including sub-letting. The Court found that the High Court erred in concluding that allowing a tailor to use part of the shop did not constitute sub-letting, emphasizing that such an arrangement could indeed indicate a transfer of possession. The Court restored the order of the Appellate Authority, thereby allowing the landlord's appeal for eviction based on the grounds of sub-letting and nuisance.

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