Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Tamilnadu Buildings (Lease and Rent Control) Act 1960 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Tamil Nadu Buildings (lease and Rent Control) Act, 1960 (18 of 1960) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Tamilnadu Buildings (Lease and Rent Control) Act 1960, s.10(2)(ii)(a)- Eviction on the ground of unlawful subletting-Such sub-felling must be by the tenant sought to be evicted and not by his predecessor. The appellant-landlord instituted an eviction suit in 1970 against the respondent-tenant on the ground of unlawful subletting. The respondent had inherited the tenancy upon the death of his father in 1968. The subletting was created, in 1952 during the life time of appellant's father. Neither the appellant, nor the respondent had any personal knowledge about the terms and conditions of the lease originally granted by the father of the appellant in favour of the father of the respondent. The High Court, while dismissing the appeal of the appellant-landlord, held that a tenant sought to be evicted on the ground of unlawful subletting under s.10(2)(ii)(a) of the Tamil Nadu Buildings (Lease and Rent control) Act, 1960 must himself have been guilty of the contravention and that the alleged contravention by his father when he was a tenant can be of no avail for evicting the tenant. |
Judge | Hon'ble Mr. Justice M.P. Thakkar |
Neutral Citation | 1986 INSC 253 |
Petitioner | A.s. Sulochana |
Respondent | C. Dharmalingam |
SCR | [1987] 1 S.C.R. 379 |
Judgement Date | 1986-11-28 |
Case Number | 1124 |
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