Case Note & Summary
The case involves a dispute between landlords (appellants) and tenants (respondents) over a shop premises located at Khasra No. 5, Khari Bazar Lane, Kaiserbagh, Lucknow. The landlords filed a suit for eviction on grounds of non-payment of rent and subletting. The trial court decreed the suit, which was affirmed by the first appellate court. However, the High Court in revision set aside the decree, holding that the notice of demand was not valid and that the subletting was not proved. The Supreme Court, in appeal, examined the evidence and found that the tenant had failed to pay rent despite service of notice and had sublet the premises without consent. The Court held that the High Court exceeded its revisional jurisdiction by re-appreciating evidence. The Supreme Court restored the decree of eviction passed by the trial court and first appellate court.
Headnote
A) Rent Control - Eviction - Non-payment of Rent - Section 20(2)(a) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 - Tenant failed to pay rent despite service of notice of demand - Landlord entitled to decree of eviction - Held that once notice of demand is served and tenant fails to pay within one month, ground for eviction is made out (Paras 10-15). B) Rent Control - Eviction - Subletting - Section 20(2)(b) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 - Tenant sublet premises without landlord's consent - Landlord proved subletting through evidence - Held that subletting is a valid ground for eviction (Paras 16-20). C) Rent Control - Standard Rent - Determination - Section 8 of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 - Tenant's application for determination of standard rent not maintainable after eviction suit - Held that standard rent cannot be determined in execution proceedings (Paras 21-25).
Issue of Consideration
Whether the tenant's failure to pay rent and subletting of the premises justified eviction under the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, and whether the High Court erred in reversing the findings of the trial court and first appellate court.
Final Decision
Appeal allowed. Impugned order of High Court set aside. Decree of eviction passed by trial court and affirmed by first appellate court restored. No order as to costs.
Law Points
- Eviction on ground of non-payment of rent
- Eviction on ground of subletting
- Determination of standard rent
- Applicability of U.P. Urban Buildings (Regulation of Letting
- Rent and Eviction) Act
- 1972
