VidhiSangh

Supreme Court of India · 10/04/2026

SRI M.V. RAMACHANDRASA SINCE DECEASED REPRESENTED BY LEGAL HEIRS versus M/S MAHENDRA WATCH COMPANY REPRESENTED BY ITS PARTNERS & ORS.

[2026] 4 S.C.R. 508 · 2026 INSC 348

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Summary

The Supreme Court restored an eviction order under the Karnataka Rent Act, 1999. The High Court had exceeded its revisional jurisdiction under Section 46 by reappreciating evidence. The landlord had proved that strangers to the lease were in exclusive possession after the original tenant-partner left, and the tenant's unproved 'reconstitution' of the partnership was a cloak for unlawful sub-letting.

Issues

  1. Whether the High Court was justified in interfering with the trial Court's findings of fact in revisional jurisdiction under Section 46 of the Karnataka Rent Act, 1999.
  2. Whether the burden of proving unlawful sub-letting lies on the landlord and whether it was discharged.
  3. Whether the alleged retirement of the original tenant-partner and continuation of the business by Respondent Nos. 2 and 3 was a mere reconstitution of the partnership or unlawful sub-letting/assignment.

Provisions considered

Held

Result

Appeal allowed; High Court judgment dated 23.05.2023 in HRRP No. 56 of 2017 set aside; trial Court's eviction order dated 14.07.2017 in H.R.C. No. 63 of 2016 restored; respondents given three months to vacate and hand over vacant possession; no order as to costs.

Judgment PDF: Supreme Court of India, [2026] 4 S.C.R. 508.