Summary
The Supreme Court restored eviction on the proved ground of subletting. The landlords established unauthorized exclusive possession by a third party; the tenant’s shifting explanations of employment and partnership lacked supporting records. Direct proof of secret rent payment was unnecessary where the circumstances permitted an inference of subletting. One proved statutory eviction ground sufficed, so unauthorized construction was left undecided. The tenant received conditional time to vacate by 30 April 2018.
Issues
- Whether the evidence and inconsistent explanations established unauthorized subletting.
- Whether the other eviction ground needed decision once subletting was proved.
Held
- A landlord need establish only one pleaded statutory eviction ground. The unchallenged rejection of default and bona fide need had become final, and proof of subletting made it unnecessary to adjudicate unauthorized construction. (¶¶ 9, 16, 17, 50)
- The landlords discharged their initial burden by proving unauthorized exclusive possession by the third party. The tenant admitted his presence but variously described him as employee or partner without employment-payment records, the relevant declaration entry or a partnership deed. The unexplained inconsistent account supported subletting. (¶¶ 21, 22, 26, 27, 28, 29, 30, 35, 36, 37, 38, 39, 40, 41, 42, 43, 48, 49)
- Parting with possession wholly or partly without consent is essential; mere induction of a third party does not establish subletting if the tenant retains exclusive possession. Because arrangements and consideration are often secret, affirmative proof of rent payment need not be demanded where the proved circumstances permit the inference. (¶¶ 44, 45, 46, 47)
- Eviction was restored on subletting alone. Time until 30 April 2018 was conditional on the usual undertaking, deposit of arrears within one month and advance payment at the agreed rate for the permitted three-month occupation. (¶¶ 50, 51, 52)
Result
Appeal allowed; High Court judgment set aside and eviction decree restored on subletting. Conditional time granted to vacate by 30 April 2018; unauthorized-construction ground not examined.