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.