NDLI: Tirath Ram Gupta Vs. Gurbachan Singh & Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	East Punjab Urban Rent Restriction Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Transfer of Property Act, 1882 (4 of 1882) East Punjab Urban Rent Restriction Act, 1949 (3 of 1949)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	East Punjab Urban Rent Restriction Act, 1949-S.13(2)- Eviction of sub-tenant--Not permissible if sub-tenancy created before Act came into force. Transfer of Property Act-Ss.108(j), 111(e) & 115-Lessee has right to transfer by sub lease even a part of his interest in the property-Whether surrender of part interest under a lease permissible. The appellant-landlord first let out a shop-cum-flat to the second respondent (tenant) and subsequently leased out the adjoining two flats to him. The second respondent sub-let the two flats to the first respondent (sub-tenant) prior to the coming into force of the East Punjab -Urban Rent Restriction Act, 1949 in the area where the property is situate. The landlord filed a suit seeking eviction of both the respondents, inter alia, on the ground of unauthorised sub-letting, who contested the petition. However, there was a compromise between the appellant and the second respondent, the appellant giving up his claim for eviction of the second respondent from the shop-cum-flat in his occupation and the second respondent conceding that he has sub-let the two flats to the first respondent without the consent .of the appellant-landlord. The Rent Controller passed an order of eviction of the first respondent from the two flats sub-leased to him. An appeal to the Appellate Authority having failed, the first respondent filed a revision under s. 15(5) of the Act. The High Court allowed the revision, set aside the order of eviction and held that no order of eviction can be passed under s. 13(2) as the sub-tenancy had been created before the Act came into force in the area where the property is situate. In the appeal to this Court on behalf of the appellant it was contended; (i) that when the second respondent had admitted the factum of the unauthorised sub-lease and when the Rent Controller and the Appellate Authority had acted on his admission, the High Court was in error in interfering with the order of eviction concurrently passed bythe Courts below; (ii) that even without reference to s. 13(2) the sub-lease was not lawful because the lease deed entered into between the parties contained a clause interdicting any sub-lease without the written consent of the landlord; (iii) that the sub-lease was not lawful even under s. 108(J) of the Transfer of Property Act because the lease deed contained a prohibition; (iv) that even if it is taken that there was no lease deed prohibiting the creation of a sub-lease, the sub-tenancy had become unlawful from the date when the second respondent was served a notice of termination of tenancy by the appellant; (v) that a subtenant does not have rights independent of the tenant and as such when the second respondent suffered an order of eviction, the first respondent was equally bound by the order; (vi) that when there was a surrender of tenancy rights restricted to the two Oats in question, the first respondent is bound by the surrender and cannot claim the sub-tenancy rights any further; (vii) and that the Act gives protection only to tenants and not to sub-tenants against unreasonable eviction and hence the first respondent cannot claim protection under the Act from eviction.
Judge	Hon'ble Mr. Justice S. Natarajan
Neutral Citation	1987 INSC 36
Petitioner	Tirath Ram Gupta
Respondent	Gurbachan Singh & Anr.
SCR	[1987] 2 S.C.R. 190
Judgement Date	1987-02-06
Case Number	3182

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