In Brief
A landlord sought eviction of a tenant for non-payment of rent and unlawful subletting. The trial court found the tenant in arrears and found that the tenant had sublet a portion to one Moh. Ezaj for Rs. 50 per day. The High Court reversed, finding no proof of subletting. The Supreme Court held that the landlord had properly pleaded and established subletting through evidence: Moh. Ezaj was in exclusive possession, carrying on a repair business, and the tenant failed to prove he was an employee (no statutory registration). The Court restored the trial judgment, permitting eviction but allowing the tenant one year to vacate upon filing an undertaking.
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