In Brief
A landlord sought eviction of a tenant from a shop on grounds of rent arrears and subletting. The tenant claimed Mohd. Ezaj Khan was an employee, not a subtenant. The Trial Court found subletting proven and ordered eviction. The High Court reversed, holding subletting unproven. The Supreme Court restored the Trial Court's judgment, holding that the tenant failed to produce mandatory documentation under the U.P. Shops & Commercial Establishments Act 1962 proving employment status. The Court reaffirmed that in subletting cases, the landlord must prove exclusive possession and monetary consideration; when disputed, the tenant must produce statutory employment registration records or face an adverse inference of subletting.
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