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Partition of one unit into two by tenant is sub-tenancy

Raj Kumar Makkad ,
  01 April 2010       Share Bookmark

Court :
Bombay High Court
Brief :
Tenancy - Eviction - Subletting - Petitioner was running a restaurant at the premises of Respondent No. 3 in the ground and first floor - On inspection Respondent No. 3 found that the Petitioner's restaurant was running on ground floor only and one Cable Video Corporation (C.V.C.) was also carrying on business on the first floor without their permission of - Respondent No.3, terminated the tenancy of Petitioner's Restaurant alleging various subtenancies and also sought eviction of the Petitioner and the C.V.C from the said public premises - Learned Principal Judge of City Civil and Sessions Court held that single premises ,which was tenanted to Restaurant was partitioned and Subletted - Hence present petition- Whether the Learned Principal Judge of City Civil and Sessions Court were justified in holding Petitioner liable for subletting?
Citation :
Ashraf Abdulla v. Union of India (UOI) and Anr. (Decided on 09.03.2010) MANU/MH/0173/2010
Held, case of sub tenancy and/or unauthorized occupation can be inferred essentially from the admitted facts between the parties. Lack of transfer of tenancy rights in the name of the Petitioner's father and bifurcation of the premises by partition on the staircase, thereafter converting one unit into two etc shows that there is subtenancy. Learned Principal Judge of City Civil and Sessions Court, Mumbai has correctly appreciated the evidence and has given correct reasoning with regard to the issue. Impugned Order cannot be faulted and needs no interference. Petitioner has not discharged the burden of showing that the tenanted premises has not been subletted. Consequently, he is in authorized occupation. Writ Petition is dismissed

 
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Published in Civil Law
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