Thursday, 8 November 2012

Rent and Eviction

File Number = 28705
Rent and Eviction -- Sub letting - To prove subletting production of affirmative evidence showing payment of monetary consideration by sub-tenant to the tenant is not necessary - Inference as to subletting can be drawn from proof of delivery of exclusive possession of the premises by tenant to sub-tenant.
Rent and Eviction -- Non user of suit premises for a period of six months preceding the filing of suit and that tenant is liable for eviction on ground of sub letting - Non consumption of electricity - Plea of tenant that he is a devout Jain and he closes the shop at 5.30 p.m. before the day getting dark - However, after two/three years electricity consumption started showing normal electric consumption - Lends credence to the case of plaintiff that shop after remaining closed for two three years started showing normal electric consumption when it was sub let.

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