VidhiSangh

Supreme Court of India · 30/08/2017

PREM PRAKASH versus SANTOSH KUMAR JAIN & SONS (HUF) AND ANOTHER

[2017] 9 S.C.R. 408 · 2017 INSC 827

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Summary

The Court upheld eviction for subletting where business cards, admissions and subscriber records showed independent business and exclusive possession by the alleged subtenant. The tenant produced no evidence supporting his explanation of paid employment or commission-based assistance. Once the landlord made the required prima facie showing, the unrebutted circumstances permitted an inference of subletting without direct proof of secret monetary arrangements.

Issues

  1. How the burden of proving subletting and exclusive possession operates.
  2. Whether the evidence rebutted the asserted employee arrangement.

Provisions considered

Held

Result

Tenant’s appeal dismissed; High Court eviction order upheld; no costs.

Judgment PDF: Supreme Court of India, [2017] 9 S.C.R. 408.