Sub-Tenant Can Be "Aggrieved Party" To File Revision Petition If Landlord Impleaded Him As Party In Eviction Petition: Himachal Pradesh High Court

The Himachal Pradesh High Court observed that though eviction order against the tenant binds even the sub-tenant, but since the landlord herself impleaded sub-tenant as a party, it cannot be said that the subtenant is not the aggrieved party.

The Landlord filed a petition for eviction before the Rent Controller against the tenant and the subtenant was also impleaded as a party.

The Bench of Justice Satyen Vaidya observed, “No doubt, a sub-tenant is not a necessary party to a petition for eviction on the ground of subletting. The eviction order against the tenant binds even the subtenant, but since in the instant case the landlord herself had impleaded sub-tenant as a party, keeping in view the exposition of law in Karam Singh Sobti (supra), it cannot be said that the subtenant is not the aggrieved party. Thus, the objection raised on behalf of the landlord cannot be sustained.”

Advocate Deepak Gupta represented the Petitioners, while Senior Advocate Ashwani K. Sharma represented the Respondents.

Case Brief

A Revision Petition was filed under Section 24(5) of the Himachal Urban Rent Control Act, 1987. The Landlord filed a petition for eviction against the tenant and the subtenant was also impleaded as a party. The Rent Controller allowed the petition on the ground of subletting and the order of Rent Controller was also affirmed by the appellate authority.

Thus, a Revision Petition was filed by the sub-tenant. The sub-tenant claimed to be in occupation of demised premises as a tenant of the predecessor-in-interest of the landlord.

The Landlord raised an objection as to the maintainability of the Petition by a sub-tenant a Revision Petition under Section 24(5) of the Act could be filed by an aggrieved party and since the tenant had accepted the verdict, sub-tenant could not be considered as an aggrieved party.

Court’s Observation

At the outset, the Court noted that a sub-tenant is not a necessary party to a petition for eviction on the ground of subletting. While denying the contention of the Landlord on the maintainability of the Petition, the Court held, “The eviction order against the tenant binds even the subtenant, but since in the instant case the landlord herself had impleaded sub-tenant as a party, keeping in view the exposition of law in Karam Singh Sobti (supra), it cannot be said that the subtenant is not the aggrieved party. Thus, the objection raised on behalf of the landlord cannot be sustained.”

The Court also opined that the subtenant did not reveal any specific objection taken as to lack of or insufficiency of pleadings before the appellate Court and the subtenant has also not shown any prejudice to have been caused to him by the lack of the pleadings.

Accordingly, the Revision petition was dismissed.

Cause Title: Ashok Kumar V. Dulari Kapil & Anr. (Neutral Citation: 2025:HHC:31974)

Appearance:

Petitioners: Advocate Deepak Gupta

Respondents: Senior Advocate Ashwani K. Sharma and Advocate Ishan Sharma

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