TMI Blog2020 (1) TMI 1209X X X X Extracts X X X X X X X X Extracts X X X X ..... not be appropriate to pass eviction order only in respect of a part thereof, and not the whole. The appellant is not expected to allege sub-letting of the whole premises if the sub-letting is only in part of the premises. No doubt the appellants have not specifically claimed that by sub-letting a portion, the whole premises is liable to be vacated, but then that is the legal consequence as is emerging from the legal position. The appellants are entitled to a decree of eviction for the entire premises, mentioned as tenanted premises, on the ground of the respondents having sub-let a part of the premises, and a decree is accordingly passed - Appeal allowed. - CIVIL APPEAL NOs.2442-2443 OF 2011 - - - Dated:- 13-1-2020 - Sanjay Kishan Kaul AND K.M. Joseph, JJ. For the Appellant : Mr. K. Rajeev, AOR For Respondent : Mr. Raghenth Basant,Adv., Ms. Liz Mathew, AOR, Ms. Mahamaya Chatterjee,Adv., Mr. Raghav Mehrotra, Adv. JUDGMENT SANJAY KISHAN KAUL, J. 1. One Pathummakutty, the owner, let out three shop room premises, defined as Room Nos. 3/471, 3/472, 3/476, located in 1-29 in Survey 14 and Re-survey 15/6, at the eastern side of Areekadu NirathuVazhi, Na ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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, did not file any cross-appeal/cross-objections. In the proceedings of 29.8.2019, this Court recorded the real contention of the appellants as advanced by the counsel, that there was one tenancy though there were different violations in different portions of the tenancy. The notice dated 15.12.1987 was stated to be a composite notice and one eviction petition was filed quathe whole premises. That being the position, it was sought to be contended before us, by inviting our attention to Section 11(4)(i) of the said Act, that even if the sub-tenanc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e High Court, and forms a part of the pleadings before the Supreme Court, to the extent of being included in the rejoinder to the SLP. Thereafter by way of an interlocutory application, additional grounds were urged where this question was sought to be raised, and leave was granted by this Court post that stage. The net effect, in our view of all of these is that this plea has to be examined; rather this is the only plea to be examined by us in view of the finding of fact recorded by the three courts. 8. Learned counsel for the respondents endeavoured to dissuade us from examining this plea in view of it not having been raised at an earlier stage and thus, no factual basis being laid for the same. However, on perusal of the 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, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 tenancy was created in relation to two shop rooms, while sub-tenancy was created in respect of one of the two shop rooms by the tenant. Much later, a partition was effected by virtue of which the two shops were allotted to the share of different co-sharers who joined together in the suit proceedings seeking eviction of tenants as sub- lessees. It was held that it could not be said that on account of the partition, the original tenancy was divided and therefore, eviction could be ordered only in respect of one of the rooms that was actually sub-let, more so when the cause of action had arisen prior to the partition. The appellate court and the High Court, having granted a decree of eviction only with respect to one shop, was stated to be a legal error committed and, thus, eviction was granted in respect of both the shops on the ground that one of the shops was sub-leased, in view of the provision extracted hereinabove. 14. The aforesaid judgment, in our view, covers the legal principle on all fours. A bare reading of sub-para (i) of sub-section (4) of Sect ..... X X X X Extracts X X X X X X X X Extracts X X X X
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