Sad victory: won a case in SC for a tenant who is in rented premises since 1968
It was a sad victory. Landlord had rented shop in 1968 and had filed suit for eviction in 1974 on ground of subletting. He lost in trial court. Won in First Appeal Court. Lost in High Court.
Now he lost in Supreme Court also.
My wife Saroj and I were for tenant. We hand engaged Senior Advocate Fakkruddin. We won but I felt sad.
SC Judges also said that their sympathy was with landlord.
But fact remained subletting was not proved so there was no way Supreme Court can help landlord since subletting was not proved. There was no fault in High Court and trial court judgement.
Imagine frustration of Landlord.
But such is the law. And such are all laws. Almost all laws in India needs a re look by an empowered legal body.
The court decides on basis of what is proved and what is not proved. A litigant must engage a good advocate in first court who knows how to prove a necessary fact.
Haresh Raichura
19/9/13
