TaxTMI 
TaxTMI 
2020 (1) TMI 1209
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....rankoya vide document dated 1.1.1967 for a monthly rent of Rs. 75. The ownership rights in the property were transferred in favour of the appellants in 1986 by a registered document. This transfer/assignment was intimated to original respondent No.1 (now represented through his legal heirs) as per a registered letter in May, 1986. The allegation is that the original respondent sent rent through money orders only up to November, 1987, and stopped payment of rent thereafter. It is also alleged that the appellants required the premises bona fide; two of the shops had been sublet by the original respondent without the consent of the appellants and the value of the suit shops had been reduced materially and permanently by the respondents. The ap....
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....resaid order resulted in cross-revision petitions by both sides before the High Court of Kerala. In terms of the impugned order dated 30.10.2007 qua Room No.3/471, no bona fide need has been found and the position is the same in respect of Room No.3/472. Further, while sub-letting was not proved qua Room No. 3/472, was stated to have been proved qua Room No.3/476. The result of the aforesaid is that the endeavour of eviction from Room Nos.3/471 and 3/472 failed, while eviction order qua Room No.3/476 on the ground of sub-letting was sustained. 4. The appellants, aggrieved by this order, preferred a Special Leave Petition, in which leave was granted on 4.3.2011. The respondents did not prefer any appeal, and even after leave was granted, ....
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.... may be, within thirty days of the receipt of the notice or the refusal thereof." 5. It would be useful at this stage itself to also reproduce the definition of a 'building' as defined under Section 2(i) of the said Act, which reads as under: "2.Definitions.--In this Act, unless the context otherwise requires,- (1) "building" means any building or hut or part of a building or hut let or to be let separately for residential or nonresidential purpose and includes- (a) ..... (b) ..... (c) ....." 6. In order to appreciate the controversy, we deemed it appropriate to peruse the notice dated 15.12.1987, which was not on record. In the subsequent proceedings, it was found that there was some diffi....
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....he eviction petition, the notice and the reply, what is found is that the aspect of single tenancy was never disputed. Nor is it disputed that there were different grounds made out for different portions, i.e., that the single tenancy was of three rooms, but what the respondents, as tenants, were alleged to have done, to constitute violation of the terms of the lease was different for the three portions. Such allegations, however, did not find favour ultimately, except to the extent of one of the portions, i.e., Room No.3/476, where the finding reached was of subletting, by the appellate authority, reversing the finding of the trial court on that aspect, and the High Court thereafter affirming the same. Thus, there is a concurrent finding b....
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....urts below." 12. In our view, the aforesaid succinctly sets forth the parameters of scrutiny, where the question of law is sought to be raised at the final court stage. There are no "nice questions of fact" required to be decided in the present case which would dissuade us from examining this plea at this stage. We have set forth the undisputed facts aforesaid. Thus, the only question is whether this is a question of law which deserves to be examined, and has ramifications in the present case. 13. We may now turn to the judicial pronouncements of this Court in M. Meeramytheen & Ors. v. K. Parameswaran Pillai & Ors. (2010) 15 SCC 359, which deals with the very said Act with which we are concerned. In the facts of that case, one single ....
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....erminate the transfer or the sub-lease, as the case may be, within thirty (30) days of the receipt of the notice, an application for eviction could be made by the landlord. Thus, sub-letting of any part of the tenanted premises gives right to eviction from the whole premises. That is how the statute reads and that is also, in our opinion, a reasonable interpretation of the same, as, if one tenancy is created it would not be appropriate to pass eviction order only in respect of a part thereof, and not the whole. The provision reading clearly, and in view of the aforesaid judicial pronouncements, there is no doubt about this proposition. This is not a case of bona fide requirement. The findings of fact in this case are not required to be clos....