DELHI STATIONERS AND PRINTERS Vs. RAJENDRA KUMAR
LAWS(SC)-1990-2-32
SUPREME COURT OF INDIA (FROM: RAJASTHAN)
Decided on February 27,1990

DELHI STATIONERS AND PRINTERS Appellant
VERSUS
RAJENDRA KUMAR Respondents


Referred Judgements :-

JAGAN NATH VS. CHANDER BHAN [REFERRED TO]
GOPAL SARAN VS. SATYANARAYANA [RELIED ON]
ROOP CHAND VS. GOPI CHAND THELIA [DISTINGUISHED]



Cited Judgements :-

THOMAS COOK INDIA LIMITED VS. HOTEL IMPERIAL [LAWS(DLH)-2006-1-2] [REFERRED TO]
ATUL GLASS INDUSTRIES PVT LTD VS. PREM BHARGAVA [LAWS(DLH)-2008-2-354] [REFERRED TO]
HARI CHAND VS. RAJENDER NATH [LAWS(DLH)-2010-11-66] [REFERRED TO]
MANSUR ALI VS. HABIBUR RAHMAN [LAWS(GAU)-2004-8-39] [REFERRED TO]
ERA KACHARIPARA GAON MIN SAMABAI SAMITTEE LTD VS. SINGARA BEEL MIN SAMABAI SAMITTEE LTD [LAWS(GAU)-2004-12-48] [REFERRED TO]
S G PODDAR VS. B LEELAVATHI [LAWS(KAR)-1992-1-5] [FOLLOWED NO , FOLL.; 2.]
DYNAMATIC HYDRAULICS LIMITED BANGALORE VS. N K BHAGWAN [LAWS(KAR)-1993-1-8] [REFERRED TO]
DEBRAJ WADHERA VS. MOHAMMAD ASHRAF ALI [LAWS(CAL)-1992-5-12] [REFERRED TO]
SHYAM SUNDAR CHOWDHURY VS. N C BATABYAL [LAWS(CAL)-1998-3-9] [REFERRED TO]
BENOTA GHOSH VS. SITESH CHANDRA LAHIRI [LAWS(CAL)-2003-5-39] [REFERRED TO]
SHETTYS CONSTRUCTION COMPANY PRIVATE LIMITED VS. KRISHNA BHAGYA JALA NIGAM LIMITED BANGALORE [LAWS(KAR)-2005-9-21] [REFERRED TO]
NATAI BHATTACHRJEE VS. ARUNODAY DUTTA [LAWS(CAL)-2005-4-40] [REFERRED TO]
MUKESH KUMAR GARG VS. RAMCHANDRA MOTWANI [LAWS(MPH)-2007-12-40] [REFERRED TO]
V D MURUGESAN VS. V RAJ MOHAMMED [LAWS(MAD)-1994-11-110] [REFERRED TO]
PRAKASHMAL JAIN VS. BALUSAMY AND SURESH [LAWS(MAD)-1996-10-78] [REFERRED TO]
P SENNIAPPAN VS. KANNAMMAL [LAWS(MAD)-1998-3-88] [REFERRED TO]
TUKARAM S VICHARE VS. DATTARAM S VICHARE [LAWS(BOM)-1990-12-21] [REFERRED TO]
K MANAVALAN VS. ESWARI [LAWS(MAD)-2001-4-120] [REFERRED TO]
BHAIRULAL BALMUKUND VERMA VS. POONAMCHAND KASTURCHAND SANCHETI [LAWS(BOM)-1995-4-12] [REFERRED TO]
DATTARAM PANGAM VS. ALLAN EURICO VALES [LAWS(BOM)-2000-5-25] [REFERRED TO]
C C YI VS. JANAKIDEVI ANANTLAL GUPTA [LAWS(BOM)-2001-6-104] [REFERRED TO]
JOSTNA LAXMIDAS PUJARA VS. KAILASBHAI SHUKARAM TIWARI [LAWS(BOM)-2001-8-71] [REFERRED TO]
A R V Venkatesamy Naicker and Sons VS. V S Krishnamoorthy [LAWS(MAD)-2005-2-69] [REFERRED TO]
R NAGARATHINAM AMMAL VS. M RAJA ALIAS GOVINDARAJ [LAWS(MAD)-2006-3-315] [REFERRED TO]
VIJAY K GUPTA VS. NALINI VARJEEVENDAS SHAH [LAWS(BOM)-2007-10-39] [REFERRED TO]
T T G INDUSTRIES LIMITED VS. S P PADMAVATHY [LAWS(MAD)-2008-1-107] [REFERRED TO]
BHARAT SALES LIMITED VS. LIFE INSURANCE CORPORATION OF INDIA [LAWS(SC)-1998-2-1] [DISTINGUISHED]
UNITED BANK OF INDIA VS. COOKS AND KELVEY PROPERTIES PRIVATE LIMITED [LAWS(SC)-1994-5-90] [RELIED ON]
RAMESHCHANDRA K PATWA VS. VITHALDAS CHIMANLAL [LAWS(GJH)-1992-9-17] [REFRRED]
BAKARALI FATEALI VS. MOHAMMAD KASAM HAJI GULAMBHAI [LAWS(GJH)-1995-7-76] [REFERRED TO]
SHAMA PRASHANT RAJE VS. GANPATRAO [LAWS(SC)-2000-9-132] [REFERRED]
GURUBACHAN SINGH VS. RAM NIWAS [LAWS(SC)-2006-5-39] [REFERRED TO]
NIRMAL KANTA VS. ASHOK KUMAR [LAWS(SC)-2008-3-200] [REFERRED TO]
KUSUMBEN WD O VASANTLAL AMRATLAL VS. SHRENIKBHAI KASTURBHAI [LAWS(GJH)-1998-6-28] [REFERRED]
NAVALMAL PINJAMAL VS. LAXMANSINGH PANCHAMSINGH [LAWS(MPH)-1991-3-41] [REFERRED TO]
D ENNIS VS. CALCUTTA VYAPAR PRATISTHAN LTD [LAWS(CAL)-1990-8-9] [REFERRED TO]
KARSHAKA UNION VS. BAHULEYAN [LAWS(KER)-1996-7-18] [REFERRED TO]
PURUSHOTTAMDAS ISHWARDAS SEWANI VS. LAXMILAL ROOPCHAND DHING [LAWS(MPH)-2011-7-106] [REFERRED TO]
SHIBA BRATA KABIRAJ VS. SUJIT KUMAR NANDY [LAWS(CAL)-2011-1-133] [REFERRED TO]
ANALIA ABREU PINTI VS. OLINDA DE MENEZES [LAWS(BOM)-1994-12-7] [REFERRED TO]
SHYAM DATTATRAYA THAKUR VS. GAJARABAI MOHANLAL RATHOD [LAWS(BOM)-2009-2-78] [REFERRED TO [ 9 ]]
FERNANDO MASCARENHAS VS. ADMINISTRATIVE TRIBUNAL [LAWS(BOM)-2006-10-163] [REFERRED TO]
RAM KISHAN VS. SHANTI DEVI BIHANI [LAWS(P&H)-1992-8-72] [REFERRED TO]
ASHOK KUMAR THAPAR VS. AMRIT LAL [LAWS(P&H)-1998-4-46] [REFERRED TO]
OM PARKASH VS. KAILASH CHANDER [LAWS(P&H)-1999-8-3] [REFERRED]
KISHAN AGARWAL MODI VS. PITAMBAR DAYAL [LAWS(RAJ)-2004-4-21] [REFERRED TO]
MAHENDRA DUTT DWIVEDI VS. SHRI RAMESH CHAND [LAWS(RAJ)-2004-5-16] [REFERRED TO]
MANOHAR SINGH VS. AMRIT LAL [LAWS(RAJ)-2006-4-205] [REFERRED TO]
GOVIND PRASAD VS. VIJAY SINGH [LAWS(RAJ)-2006-6-16] [REFERRED TO]
JAGDISH NARAIN VS. RAWAL RAJESHWAR SINGH [LAWS(RAJ)-2009-6-10] [REFERRED TO]
BHAGWAN SINGH VS. VIMLA DEVI [LAWS(RAJ)-2012-7-133] [REFERRED TO]
MALCHAND VS. DEEDWANA INDUSTRIAL CORPORATION DEEDWANA [LAWS(RAJ)-2012-8-122] [REFERRED TO]
AMBA LAL VS. LALU RAM [LAWS(RAJ)-2012-9-39] [REFERRED TO]
M/S. GENERAL PRODUCE CO. LTD VS. M/S. SONMATI HOLDINGS [LAWS(RAJ)-1995-11-72] [REFERRED TO]
BINATA GHOSH VS. AMIYA DASGUPTA [LAWS(CAL)-1996-9-29] [REFERRED TO]
SAMUNDER SINGH VS. CHANDER PARKASH [LAWS(P&H)-2008-3-48] [REFERRED TO]
PROMILA KANWAR VS. NARINDERJIT SINGH [LAWS(P&H)-2008-5-54] [REFERRED TO]
RAM AVTAR VS. SUSHMA KUMARI [LAWS(P&H)-2007-5-60] [REFERRED TO]
DEVAYANI VS. PULICKAPARAMBIL HAMSA HAJI [LAWS(KER)-1996-1-68] [REFERRED TO]
UDMI RAM VS. VED PARKASH [LAWS(P&H)-2003-3-74] [REFERRED TO]
KAMLA SHARMA VS. RADHEY SHYAM [LAWS(HPH)-2000-8-5] [REFERRED TO]
M. GULAM RASOOL VS. T.S. GOVINDARAJAN [LAWS(MAD)-2000-1-123] [REFERRED TO]
AMAR NATH(SINCE DECASED) VS. RAM MURTI DEVI [LAWS(ALL)-2013-4-99] [REFERRED TO]
PUSHPA SHARMA VS. V.V.GUJRAL [LAWS(DLH)-2014-1-177] [REFERRED TO]
BASANTI LAL VS. RAM CHANDER [LAWS(RAJ)-2009-2-114] [REFERRED TO]
BRIJENDRA KUMAR VS. SURAJ BHAN [LAWS(ALL)-2014-1-201] [REFERRED TO]
SHYAMA KAUSHAL VS. RAM LAL [LAWS(HPH)-2001-11-44] [REFERRED TO]
Bharat Sales Ltd. VS. Life Insurance Corporation of India [LAWS(MPH)-1998-2-62] [REFERRED TO]
PLANET M. RETAIL LTD. VS. SELECT INFRASTRUCTURE PVT. LTD. [LAWS(DLH)-2014-9-147] [REFERRED TO]
YASIN ALI (DEAD) THROUGH HIS LRS. AKBAR ALI AND OTHERS VS. GAFOOR MOHAMMAD AND OTHERS [LAWS(MPH)-2006-8-98] [REFERRED]
BHAGWATI PRASAD VS. RADHEY SHYAM [LAWS(ALL)-2014-9-215] [REFERRED TO]
SHIVJIBHAI S/O MEGHJIBHAI AND ANOTHER VS. JAGDISHCHANDRA S/O VALLABHDAS AND OTHERS [LAWS(MPH)-2008-2-153] [REFERRED TO]
ALANKAR PRIVATE LTD. VS. CRICKET CLUB OF INDIA LTD. [LAWS(BOM)-2014-1-276] [REFERRED TO]
RAM NIWAS VS. RAM PARKASH AND ORS. [LAWS(P&H)-2014-8-284] [REFERRED TO]
ARESKO RESTAURANT PVT LTD VS. NEW DELHI MUNICIPAL CORPORATION [LAWS(DLH)-2015-4-19] [REFERRED TO]
JIVANBHAI TRIKAMBHAI VS. CHATURBHAI FAKIRBHAI [LAWS(GJH)-2013-10-227] [REFERRED TO]
REGHUNATHAN P P VS. MANUELSONS HOTELS PVT LTD [LAWS(KER)-2014-6-290] [REFERRED TO]
ASHA RAM SINDHI AND ORS. VS. THAKURJI SHRIJI SHRI ADINATH SWAMI BRIJMAN MANDIR SHRI DIGAMBAR JAIN MANDIR YASODHA MANDIR [LAWS(RAJ)-2015-10-49] [REFERRED TO]
ASHOK KUMAR AND ANR. VS. SHRIMATI NIRMAL KANTA [LAWS(P&H)-2002-1-116] [REFERRED TO]
AMAR NATH ROY VS. ANDERSON WRIGHT AND COMPANY [LAWS(CAL)-2004-3-87] [REFERRED TO]
ANJANEYALU CHETTIAR VS. MUTHIAN AND ANOTHER [LAWS(MAD)-1995-4-104] [REFERRED TO]
DAVINDER SOOD VS. KAMLA AND OTHERS [LAWS(HPH)-2013-9-85] [REFERRED]
SMT MUNNA BEGUM & ORS VS. ALYA BEGUM & ORS [LAWS(CAL)-2003-4-70] [REFERRED]
SANJAY FOTEDAR VS. HINDUSTAN PETROLEUM CORPORATION LTD. [LAWS(DLH)-2017-9-66] [REFERRED TO]
NDMC THROUGH: EDUCATION OFFICER VS. ARYA DHARAM SEVA SANGH [LAWS(DLH)-2018-4-1] [REFERRED TO]
NDMC THROUGH VS. EDUCATION OFFICER [LAWS(DLH)-2018-4-263] [REFERRED TO]
ASHWIN SETHI @ TITU VS. INDRAVEER SINGH BATRA S/O LATE GURUBAKSH SINGH BATRA [LAWS(CHH)-2017-4-51] [REFERRED TO]
OM PRAKASH VS. UMRAO [LAWS(RAJ)-2022-5-86] [REFERRED TO]


JUDGEMENT

S. C. Agrawal, J. - (1.)Special leave granted.
(2.)The appellant is the tenant of premises consisting of three rooms, a kitchen and a toilet, situated at Jaipur. The respondent (landlord) filed a suit for the eviction of the appellant on the ground of reasonable and .bona fide personal necessity and sub-letting of the premises without his consent. The said suit was decreed by the trial Court on both the grounds. On appeal the suit was dismissed by the Additional District Judge. The High Court, in second appeal, reversed the judgment and decree of the Additional District Judge and has passed a decree for eviction against the appellant on the ground that the appellant has sub-let or otherwise parted with the possession of the premises without the consent of the landlord.
(3.)In the site plan (Ex. A-1) the premises which have been let to the appellant are marked as 'K'. The adjacent room marked as 'J' has been let out by the respondent to Shri Mahendra Singh, the brother-in-law of the appellant. The case of the respondent is that the appellant has sub-let a part of the premises to Mahendra Singh and that he is residing therein. The Additional District Judge has found that Mahendra Singh is employed by the appellant and is residing in the room marked 'J', as a tenant under the respondent. It has been found that he has been using the latrine and kitchen which form part of the premises let out to the appellant. Mahendra Singh being the brother-in-law of the appellant and in the service of the appellant could not be taken to be a sub-tenant merely by the use of the kitchen and latrine and that for sub-tenancy it is essential that the possession of Mahendra Singh upon the premises must be exclusive. It was also found that the exclusive possession was not proved by the evidence of the respondent and much less any proof of rent paid to the appellant. The High Court, in second appeal has reversed the said findings of the Additional District Judge relying upon the evidence of Mahendra Singh JPW 2) who has admitted that the premises marked K-1 to K-4 are utilised by him and Vishnu Dev (DW-3) who has stated in cross-examination that the appellant is not in occupation of the premises and portion marked K-1 to K-4 has been in occupation of Mahendra Singh. The High Court has held that the appellant has sub-let or otherwise parted with the premises without the permission of the landlord and that being so, the appellant is liable for eviction.
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