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.