2017 AIR CC 652 (HP) ::(2017) 1 CivilCourtC 767 ::(2016) 2 RenCR 629 ::(2017) 1 RentLR 530

Himachal Pradesh High Court

Hon'ble Judge(s): P. S. Rana , J

(A) Himachal Pradesh Urban Rent Control Act (25 of 1987) S. 14 (2)(ii) — Eviction petition — On ground of sub-letting — Burden of proof on landlord to prove sub-letting — Tenanted premises used for business purpose by tenant alleged to be sub-let by him — Alleged sub-tenant found to be real brother of tenant — No documentary or any other evidence produced by landlord to prove sub-tenancy — Relation of lessor and lessee between tenant and his brother not proved — Eviction cannot be made on ground of sub-tenancy — Tenant to pay arrears of rent due to landlord within thirty days or else will be evicted AIR 1998 SC 2773, AIR 1999 SC 3087, Relied on (Paras 12, 15, 16, 17, 18)

(B) Civil Procedure Code (5 of 1908) S. 115 — Revision — Scope — Finding of fact — Cannot be interfered with unless same is found to be perverse — Order of eviction based on oral and documentary evidence placed on record AIR 1991 SC 455, AIR 1995 SC 1357, Relied on

(C) Evidence Act (1 of 1872) S. 114 (g) — Non-production of oral evidence — Presumption — Eviction petition on ground of sub-letting — Landlord produced documentary evidence furnished by tenant and alleged sub-tenant before Sales Tax Office and Labour Department — Unable to produce any official from concerned departments — Adverse inference liable to be drawn against landlord

(D) Civil Procedure Code (5 of 1908) O. 14, R. 1 — Framing of issues — No application by landlord to frame additional issue — Parties went to trial fully knowing rival case and led all evidence in their support as well as in refusal of other party — Non- framing of issue is not fatal to case of landlord AIR 1963 SC 884, Rel on