Supreme Court · 1998 INSC 324 · Decided 27 August 1998
Kala and ANR. v. Madho Parshad Vaidya
- Court
- Supreme Court of India
- Citation
- 1998 INSC 324 · [1998] SUPP. 1 S.C.R. 149
- Case number
- CIVIL APPEAL No. 997/1997
- Decided
- 27 August 1998
- Bench
- A.S. ANAND, D.P. WADHWA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Rent Control Act
Headnote
B Rent and Eviction : Himachal Pradesh Urban Re11t Control Act, 1987 : S. 14(2)(ii)-Nmz-residential premises-Landlord seeki11g eviction of C tenant for sublettin[jRent Controller holding that subletting was not estab­ lished and tenant did not part with possession of premises-Appellate a11d if he establishes pwting of possession i11 favo11r of a third party, onus would shift to tenant to D explain-Si11ce landlord did not discharge the i11itial burden and the tenant eiplained how the other perso11 had pe1111issive possession of shop as its manage1; plea of subletting was
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