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Bombay High Court

MOHAN RAMCHANDRA KAMBLIversusSUHASINI SAINATH KAMATH and ORS.

Decided
Disposal
Rejected

Holding

The averments of subletting in the plaint, coupled with the tenant’s failure to produce evidence of ownership, suffice to sustain the eviction decree on the ground of subletting.

Summary

The landlord filed an eviction suit alleging bona fide requirement and subletting. The tenant (defendant no.1) did not testify, while defendant no.2 (the petitioner) claimed to have purchased the premises but produced no documentary proof of ownership. The trial and appellate courts upheld eviction on the ground of subletting, finding the plaintiff's averments sufficient. The petitioner challenged these findings, arguing lack of evidence of subletting. Citing Dipak Banerjee v. Lilabati Chakraborty, the court held that an allegation of subletting in the plaint, together with receipt of consideration, shifts the burden to the tenant to disprove it. Since the petitioner failed to produce ownership documents, the courts' decrees were affirmed. The writ petition was therefore dismissed.

Issues considered

  • Whether the plaintiff established the ground of subletting for eviction
  • Whether the burden of proof shifts to the tenant to disprove subletting
  • Whether the trial and appellate courts' findings were perverse or erroneous

Subjects

  • eviction
  • subletting
  • burden of proof
  • landlord-tenant
  • bona fide requirement
  • writ petition
  • trial court
  • appellate court

Judgment

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        Digitally
        signed by
        KANCHAN
                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
KANCHAN VINOD
VINOD   MAYEKAR
MAYEKAR Date:
        2026.06.08
        10:50:46
        +0530
                                            CIVIL APPELLATE JURISDICTION

                                           WRIT PETITION NO. 1570 OF 2002

                     MOHAN RAMCHANDRA KAMBLI                                ….. PETITIONER

                               VS

                     SUHASINI SAINATH KAMATH & ORS.                         ….. RESPONDENTS

                     Adv. S.G.Karandikar for the Petitioner.

                     Adv. R. M. Haridas for the Respondents.

                                                         CORAM : RAJESH S. PATIL, J.

                                                         DATE     : 27 MARCH, 2026

                     P.C. :-

                     1)               The present writ petition is filed by the original defendant

                     no.2, challenging the concurrent findings recorded by the Trial Court

                     and the Appellate Court of eviction, on the ground of subletting.

                     2)               The landlord had filed a suit of eviction on the grounds of

                     bona fide requirement and subletting. The landlord examined two

                     witnesses to prove both the grounds. The defendant no.1 was the

                     tenant of the landlord, who did not step into the witness box. The

                     defendant no.2 – the present petitioner in all examined three

                     witnesses.        It was the case of the defendant no.2 that he had

                     purchased the suit premises from the defendant no.1. However, the
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                                                     33 - WP 1570 OF 2002.doc


defendant no.2 did not produce any evidence to show that he is the

owner of the suit premises.      In the examination-in-chief of the

defendant no.2, he categorically stated that he purchased the suit

premises from the defendant no.1, who had executed a sale receipt

dated 13 January, 1979. The said document was not exhibited, but

was only identified and marked as ‘Y’. Since the defendant no.1 did

not enter into the witness box, therefore the ground of subletting was

answered in favour of the landlord by the Trial Court and the

Appellate Court.

3)          The plaintiff, defendant no.4 in her evidence clearly

mentioned that she was residing in the suit premises and she had a

document being the leaving certificate issued by the Sarvodaya

Vidyalaya, Ghatkopar. The same was produced on record and marked

Ex.‘C-1’.

4)          As far as ground of bona fide requirement is concerned,

the said ground was answered against the landlord. Therefore, in this

writ petition, the ground of subletting is to be considered. In the

plaint, a categorical statement has been made by the landlord that the

defendant no.1, had sublet the suit premises for the defendant no.2.

5)          Supreme Court in the judgment of Dipak Banerjee vs.

Lilabati Chakraborty, 1987 (4) SCC 161 has held that as far as ground
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of subletting is concerned, the averments in the plaint has to be

considered.     If there is averment in plaint of subletting and

consideration received by tenant, that is enough. The burden will

shift to tenant to prove that there is no subletting.

6)            In my view, considering the averments made in the plaint

and a specific case of the defendant no.2 that he had purchased the

suit premises from the defendant no.1-tenant, and as he was not able

to produce any document on record to prove his ownership of the suit

premises, the Trial Court and the Appellate Court have rightly decreed

the suit on the ground of ‘subletting’.

7)            I don’t find any perversity in the judgment recorded by

the Trial Court and the Appellate Court.

8)            Hence, the present writ petition stands rejected.


                                              [RAJESH S. PATIL, J.]


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