# KRISHNAWATJ v. HANS RAJ

- **Citation:** [1974] 2 S.C.R. 524
- **Court:** Supreme Court of India
- **Decided:** 1973-11-29
- **Case number:** Civil Appeal No. 1475of1970
- **Bench:** D. G. Palekar, V. R. Krishna Iyer, R. S. Sarkaiua
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/krishnawatj-v-hans-raj-6161
- **Pages:** 6

## Headnote

Delhi Rent Control Act (59of1958) Ss. 14 and 39 (2}-0nus of provlnt sub·lettint
-Mixed question of law and fact, what js,
The appellant took a lease of shop premises from the respondent.
From the
time of letting, a chemist's business was carried on in the shop by S with the oocaaional
help of the appellant. S and the appellant were living as husband and wife to tho
knowledge of the respondent. The respondent applied under s. 14 of tho Delhi
Rent Control Act, 1958, for eviction of the appellant on the lll'OUlld that she had
sublet tho premises to S. The Rent Controller and tho Tribunal on appesl hold
that the appellant and S. were living together as husband and Wile, and
that therefore there was no question of any subletting by the ap~t. In second
appeal , holding that two substantial questions of law were involved namely, one
relating to the status of the appellant as the wife of S, and the other, whether subletting was established, the High Court concluded that there was subletting in favour
of S.
Allowing the appeal to this Court,
HELD : (1) Under s. 39 (2) of the Act the High Court could interfere in second
appeal only if there was a substantial question of-law. On the question whether the
appellant was legally married no finding was necessary in the eviction suit. It was
sufficient for the rent court to proceed on the finding that the appellant and S were
living together as husband and wife, whether they were legally married · or not;
[528C·D, ll-F]
(2) The question whether there was subletting is not a mixed question of law and
fact. In a mixed question of law and fact the ultimate conclusion has to be drawn
by applying principles of law to basic findings, but in the determination of a question
of fact no application of any principle of law is required in finding either the basic
facts or in arriving at the ultimate conclusion. The question to be detennined in
the circumstances of this case was whether it was likely that the appellant had sublet
the premises to S. The negative answer given by the rent court is merely the factual
common sense inference which did not c·an for the application of any principle of
law. [528F-O; 529A·Bl
Meenakshi Mills, Madurai v. The Commissioner of Income-tax, Madras, [19561
S.C.R. 691, followed.
(3) When eviction is sought on the ground of subletting the onus of proving subletting is on the landlord. If the landlord prima-facie shows that the occupant was
in the exclusive possession of the premises let out for valuable consideration, it would
then .be for the tenant to rebut the evidence. But in the present case the respondent produced .no evidence to show subletting in spite of the appellant's denial in the
written statement. [527C-D].
Associated Hotels of India Ltd. Delhi v. S. B. Sardar Ran}it Singh, [1968] 2 S.C.R.
548, followed.
(4) Under s. 14 (4) premises could be deemed to have been sub-le.t by the tenant
only when the Controller is satisfied that some peraon is let into possession ostensibly
as a partner in business but really for the. purposes of subletting. This provision
has no application to the facts and circumstances of the present case.
[526G-H]

## Text

524
KRISHNAWATJ
v.
HANS RAJ
November 29, 1973
(D. G. PALEKAR, V. R. KRISHNA IYER AND R. S. SARKAIUA, JJ.]
Delhi Rent Control Act (59of1958) Ss. 14 and 39 (2}-0nus of provlnt sub·lettint
-Mixed question of law and fact, what js,
The appellant took a lease of shop premises from the respondent.
From the
time of letting, a chemist's business was carried on in the shop by S with the oocaaional
help of the appellant. S and the appellant were living as husband and wife to tho
knowledge of the respondent. The respondent applied under s. 14 of tho Delhi
Rent Control Act, 1958, for eviction of the appellant on the lll'OUlld that she had
sublet tho premises to S. The Rent Controller and tho Tribunal on appesl hold
that the appellant and S. were living together as husband and Wile, and
that therefore there was no question of any subletting by the ap~t. In second
appeal , holding that two substantial questions of law were involved namely, one
relating to the status of the appellant as the wife of S, and the other, whether subletting was established, the High Court concluded that there was subletting in favour
of S.
Allowing the appeal to this Court,
HELD : (1) Under s. 39 (2) of the Act the High Court could interfere in second
appeal only if there was a substantial question of-law. On the question whether the
appellant was legally married no finding was necessary in the eviction suit. It was
sufficient for the rent court to proceed on the finding that the appellant and S were
living together as husband and wife, whether they were legally married · or not;
[528C·D, ll-F]
(2) The question whether there was subletting is not a mixed question of law and
fact. In a mixed question of law and fact the ultimate conclusion has to be drawn
by applying principles of law to basic findings, but in the determination of a question
of fact no application of any principle of law is required in finding either the basic
facts or in arriving at the ultimate conclusion. The question to be detennined in
the circumstances of this case was whether it was likely that the appellant had sublet
the premises to S. The negative answer given by the rent court is merely the factual
common sense inference which did not c·an for the application of any principle of
law. [528F-O; 529A·Bl
Meenakshi Mills, Madurai v. The Commissioner of Income-tax, Madras, [19561
S.C.R. 691, followed.
(3) When eviction is sought on the ground of subletting the onus of proving subletting is on the landlord. If the landlord prima-facie shows that the occupant was
in the exclusive possession of the premises let out for valuable consideration, it would
then .be for the tenant to rebut the evidence. But in the present case the respondent produced .no evidence to show subletting in spite of the appellant's denial in the
written statement. [527C-D].
Associated Hotels of India Ltd. Delhi v. S. B. Sardar Ran}it Singh, [1968] 2 S.C.R.
548, followed.
(4) Under s. 14 (4) premises could be deemed to have been sub-le.t by the tenant
only when the Controller is satisfied that some peraon is let into possession ostensibly
as a partner in business but really for the. purposes of subletting. This provision
has no application to the facts and circumstances of the present case.
[526G-H]
CIVIL
APPELLATE JURISDICTION: Civil Appeal No. 1475of1970.
Appeal by Special Leave from the Judgment and Order dated the
29th May, 1970 of the High Court of Delhi in Second Appeal No.
25-D of 1966.
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KRISHNAWAT! v. HANS RAJ (Palekar, !.)
525
V.M. Tarkunde, M. N. Bombhra and Saroja Gopala Krishnan for the
appellant.
Hardyal Hardy, S. K. Mehta, K. R. Nagaraja, A. C. Sehgal and
0. P. Gupta for the respondent.
The Judgment of the Court was delivered by
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PALEKAR, J,-Thisis an appeal by special leave from an order passed
by the single Judge of the High Court of Delhi in second appeal under
section 39 of the Delhi Rent Control Act, No. 59 of 1958.
On or about September 10, 1959 the respondent landlord let out the
premises in suit to the appellant on a -rent of Rs. 125/- per month.
The premises consisted of a shop. On 1-9-1962 the respondent applied
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under section 14 of the above ,Act to the Rent Controller, Delhi for
evicting the appellant on the ground that she had sub-let the entire
premises to one Sohan Singh who, according to the respondent, was
running a business under the name of Royal Dispensing Chemists and
Druggists in the sh~p. It was further alleged that the appellant was
charging a fabulous amount as rent from her sub-tenant Sohan Singh.
The appellent in her written statement admitted the tenancy but denied
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sub-letting. She alleged that Sohan Singh was her husband and from
the time of the lease the business of a Chemist was being run there in
the premises by her husband and she also occasionally helped him in
the running of the business.
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The Rent Controller was of the view that the appellant was the legally wedded wife of Sohan Singh. In any event, he held, Sohan Singh
and the appellant were living together as husband and wife and, therefore, there was no question of any sub-letting by the appellant of the
premises. Thai finding was confirmed in appeal ·by the Rent Control
Tribunal, Delhi. Aggrieved by the decision, the respondent went in
second appeal to the High Court under section 39(1) of the Act. Jt
was contended before the court by the respondent that two substantial
questions of law and fact were involved in the appeal-one relating to the
status of the appellant as wife and the other whether on the facts found
the ground of sub-letting had been established. The learned .single
Judge agreed that the appeal involved substantial questions Of ·law
as submitted, and came to the conclusion that there was sub-setting
in favour of Sohan Singh. Accordingly, be gave an order for evicting
the appellant. So this appeal by special leave.
It is contended on behalf of the appellant that the learned single
Judge has interfered with a pure finding of fact. Under section
39(2) of the Act the High Court could interfere in second appeal only
ifthere was a substantial question of law. In the present case, he sub·
mitted, there was no question of law, much less substantial question.
of law and, therefore, the High Court was in error in interfering with
the concurrent finding of the Rent Control authorities. There is
great force in this contention.
The High Court has dealt with the case as if this is a matrimonial
proceeding in which the status of the appellant as the wife of Sohan .
M8-602 Sup CI/74
. 526
SUPREM:E COURT REPORTS
(197 4) 2 S.C.R •
Singh was under direct· challenge. The simple question which had to
A
be determined in the case was whether having regard to the fact that
the appellant and Sohan Singh were living as husband and wife, it
was open to draw, in the absence of evidence to the contrary, the factual inference that the wife had sub-let the premises to her husband.
Sub-letting like letting, is a particular type of demise of immovable
property and is distinct from permissive user like that of a licensee. If
two persons live together in a house as husband and wife and one of
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them who owns the house allows the other to carry on business in a
part of it,it will be in the absence of any other evidence, a rash inference
to draw that the owner has let out that part of the premises. And that
is what the learned single Judge has done in the present case .. He was
of the view that even if it is assumed that the appellant was the wife of
Sohan Singh, she, who was entitled to possession of the shop premises
as a tenant, must be presumed to have sub-let the same to Sohan Singh
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to carry on his business. Jn support of this conclusion he relied on
clause (b) of the provis.o to sub-section (1) of section 14 of the
Act read with sub-section 4 of that section. The provisions are as
follows :
"14(1) Provided that the Controller may, on an
application made to him in the 11rescribed manner, make
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an order for the recovery of possession of the premises on
one or more of the following grounds only, namely :
(a) ........................ ..
(b) that the tenant has, on or after the 9th day of June, 1952
sub-let, assigned or otherwise parted with the possession
of the whole or any part of the premises without obtainE
ing the consent in writing of the landlord;"
Sub-section·(4) of section 14 is as follows :
"(4) For the purposes of clause (b) of the proviso to
sub-section (!),any premises which have been let for being
used for the purposes of business or profession shall be
deemed to have been sub-let by the tenant, ifthe Controller
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is satisfied that the tenant without obtaining the consent in
writing of the landlord has, after the 16th day of August,
1958, allowed any person or occupy the whole or any part of
the premises ostensibly on the ground that such person is a
partner of the tenant in the business or profession but
really for the purpose of sub-letting such premises to that
person.
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Under sub-section (4) referred to.above the premises could be deemed
to have been sub-let by the tenant only when the Controller is satisfied
that some person is let into possession ostensibly as a partner in business
hut really for the purposes of sub-letting. These provisions evidently have no aPPlication to the facts of the prese!)t case. It is not the
case of anybody that the appellant was the owner of the business
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carried on. in the premises and she had let in Sohan Singh into possession ostensibly as a partner in their business. The learned Judge was,
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KRISHNAWATI v. HANS RAJ (Palekar, /,)
527
therefore, in error in relying on the provisions of th~ Act far presuming
that the appellant must have sub-let the premises.
The case of the respondent in his application under section 14 of
of the Act was that the appellant had sub-let the whole premises to
Sohan Singh who was running the business under the name of Royal
Dispensing Chemists and Druggists and that the entire premises have
been sub-let by the appellant and the appellant had completely parted
with possession without the written consent of the respondent. It
was also alleged that the appellant was charging fabulous amount of
rent from the sub-tenant Sohan Singh. Sub-letting was, therefore,
the principal ground on which eviction was sought. When eviction is
sought on that ground it is now settled law that the onus
to prove sub-letting is on the landlord. If the landlord prima-facie
shows that the occupant who was in exclusive possession of the premises let out for valuable consideration, it would then be for the tenant
to rebut the evidence. See:Associated Hotels of India Ltd., Delhi v. S.B.
Sardar Ranjit Singh(l).In the present case the respondent produced no
evidence to show such sub-letting in spite of the appellant's denial in
the written statement of any sub-letting. It was averred by her therein
that Sohan Singh was her husband and that right from the taking of
the shop premises on rent Sohan Singh was carrying on business of a
Chemist therein and appellant also helped him occasionally as his
wife. The averment that she was the wife of Sohan Singh provided the
necessary ammunition for a formidable battle in which the respondent took upon himself to show that she was not the legally married
wife of Sohan Singh. He called Sohan Singh's first wife as his first
witness in this case but all that the lady was able to say was that she had
no knowledge if the appellant was married to Sohan Singh but she knew
that he lived with the appellant since about six years before her deposition, recorded in 1963. The respondent himself in his testimony admitted that he had never himself made any enquiry as to whethe.- Sohan Singh and the appellant are husband and wife or not. Nor
could he deny that they were living together. His reasons for saying
that Sohan · Singh was a sub-tenant were in his own words ; "As
Sohan Singh is the tenant, I can, therefore, say that the capital
invested in the shop might be that of Sohan Singh. Neither
any talks
regarding sub-letting took place in my
presence,
nor
the rent
was paid
in my
presence." In
undertaking
to prove that the appellant was not Sohan Singh's wife the res'
pondent completely lost sight of his own weak position. The appellant had passed a rent note in the respondent's favour and it was the
case of the appellant that in that rent note the respondent had in his
own handwriting written that the appellant was the wife of -Sohan
Singh. The appellant summoned him to produce his rent note but the respondent did not produce it. So in his cross examination he was shown
a typed copy of it and this he accepted as a true copy. The true copy
disclosed that the appellant was accepted as the wife of Sohan Singh.
Besides, when the appellant a11d Sohan Singh gave evidence of the
fact that they were living as husband and wife and looking after the
(I) [1968] 2 S.C.R. S48.
528
SUPREME COURT REPORTS
[1974] 2 S.C.R.
business in the shop there was hardly any cross examination on the
point. The respondent relied principally on some previous self-serving statements made by Sohan Singh in other proceedings which could
not be used as substantive evidence in the present case. The evidence
was clear namely, that to the knowledge of the respondent, the appellant and Sohan Singh were living as husband and wife and from the
day the rent note was passed by the appellant in 1959 a Chemist's shop
was opened in the premises which was run principally by Sohan Singh
but occasionally by the appellant also. The question is whether that
evidence gives rise to the factual inference that the appellant had sublet the. premises to Sohan Singh. The first two courts held that it did
not. This was a concurrent finding of fact and it ;eems to us that the
learned counsel for the appellant is right in contending that the High··
Court in second appeal should not have interfered with that finding
especially when section 39(2) of the Act provides that no appeal shall
· ie to the High Court unless the appeal involved some substantial
question of law.
The learned single Judge thought that two substantial questions of
law were involved-one relating to the status of the appellant as the
alleged wife of Sohan Singh and the second whether on the facts found,
sub-letting was established. Both these questions involved, according
to the learned Judge, substantial questions of mixed fact and law.
As to the first question whether the appellant was legally married,
that was a question on which no finding was necessary in an eviction
suit. It was sufficient for the Rent Court to proceed on the finding
that the appellant and Sohan Singh were living as husband and wife,
whether they were legally married or not. This was specifically pointed
out by the Additional Rent Controller in his judgment. As regards the
second question, one does not see how it is a mixed question of law and
fact. In· the determination of a question of fact no application of
any principle of law is required in finding either the basic facts or arriving at the ultimate conclusion; in a mixed question oflaw and fact the
l!ltimate conclusion has to be drawn by applying principles oflaw to basic
findings.
See : Meenakshl Mills, Madurai v. The Commissioner. of
Income-Tax, Madras (1).The basic facts in the present case were (1) the
appellant and Sohan Singh were living as husband and wife to the know~
ledge of ihe respondent; (2) the appellant took the lease of the shop
premises from the respondent in 1959; (3) from the time of the letting
a Chemist's business was carried in the shop by Sohan Singh with the
occasional help of the appellant. The question to be determined was
whether in the above circumstances it was likely that the appellant had
(I) ~19561 S.C.R. 691.
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KRISHNAWATI v. HANS RAJ (Palekar, 1.)
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sub-let the premises to Sohan Singh. Tho nogativo aruwor given to it
by the Rent Courts is merely the factual common sense inference which
did not call for the application of any principle of law. In our view,
no question of ·law-much less a substantial question of law-was
involved in the second appeal and the learned Judge was in error
in disturbing the concurrent findings of fact of the rent control authori8
ties.
The appeal is, therefore, allowed, the order passed by the High
Court is set aside and that 'Of the Rent Control Authorities is restored
with costs throughout.
V.P.S.
/
Appeal allowed.