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Supreme Court of India · 2008-03-28

NIRMAL KANTA(DEAD) THROUGH LRS. vs ASHOK KUMAR

Citation / case number
SC 2003/6254
Court
Supreme Court of India
Petitioner
NIRMAL KANTA(DEAD) THROUGH LRS.
Respondent
ASHOK KUMAR
Author
Altamas Kabir
Bench
ALTAMAS KABIR C.K. THAKKER

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 sub-letting. The Court found that allowing a tailor to operate within the premises did not constitute sub-letting but rather a license, thus upholding the High Court's decision to set aside the Appellate Authority's order. The appeal was dismissed, affirming the High Court's ruling that the landlord failed to prove the grounds for eviction.

NIRMAL KANTA(DEAD) THROUGH LRS. vs ASHOK KUMAR · Niyam