In Brief
A tenant appealed against an eviction order based on alleged unauthorized sub-letting of a shop premises. The landlord sought eviction under the Delhi Rent Control Act, 1958, Section 14(1)(b), claiming the tenant had sub-let the property to a sub-tenant. The tenant contended the sub-tenant was merely an employee. The Supreme Court held that while the landlord bears the initial burden of proving sub-letting (on preponderance of probability), once exclusive possession by a third party is established, the burden shifts to the tenant to rebut it. Evidence of independent business operations (business cards in sub-tenant's name, signboards, admission of independent business) satisfied this burden. The tenant failed to rebut, warranting eviction. Appeal dismissed.
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