Supreme Court of India · 2018-09-25
Biswajit Sukul vs Deo Chand Sarda
- Citation / case number
- AIR 2018 SUPREME COURT 5006
- Court
- Supreme Court of India
- Petitioner
- Biswajit Sukul
- Respondent
- Deo Chand Sarda
- Author
- Abhay Manohar Sapre
- Bench
- S. Abdul Nazeer, Abhay Manohar Sapre
Judgment text excerpt
The Supreme Court upheld the dismissal of the Civil Title Suit No.189/1977 under the Assam Urban Areas Rent Control Act, where the plaintiff sought arrears of rent and eviction of the tenant. The Court found that while the landlord-tenant relationship was established, the tenant was not in default of rent payment, thus negating the grounds for eviction. The Court reiterated that the burden of proof lies on the landlord to establish default in rent payment under the Act, leading to the affirmation of the lower court's decision.