Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Rent Control and Eviction Eviction |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Rent Control and Eviction:Eviction - On the ground of subletting of premises by tenant to a Company-Tenants' case that business of the Company was run by tenant as its Managing Director - Dismissal of eviction suit since tenant holding majority of shares of the Company and thus, found to be controlling the whole business of the Company - Appellate Authority as well as High Court holding that mere holding of majority of shares of Company not sufficient to prove that tenant was actually controlling and managing the business - but something more was required and tenant unable to prove the same - On appeal, held: In view of concurrent finding of fact recorded by Appellate Court and High Court, no reason to take a different view - Bombay Rents, Hotel and Lodging Houses Rates Control Act, 1947 - s. 13(1)(e).Respondent-plaintiff let out the suit premises to AS. AS died and his wife, appellant-defendant no.1 became tenant of plaintiff in respect of the suit premises. Plaintiff contended that defendant No.2 was proprietary concern of defendant No.1; and that defendant No.1 unlawfully sublet the suit premises to defendant No.3-Impression Advertising Pvt Ltd., defendant no 4 and 5. Plaintiff filed eviction suit against defendant No.1. Defendant no.1 contended that she and her husband registered Impression Advertising Pvt Ltd. and were its Directors and during lifetime of AS, they carried out the business in the name of Impression Advertising and Marketing; that after death of AS, defendant nos.1, 2 and 3 were remitting rent to the plaintiff; that the business of defendant No.3 was run by the defendant no.1 as the Managing Director; that defendant No.1 carried on the business in the name of the defendant No.2 and the premises continued to remain in her custody and control and defendant No. 3 did not claim any right or claim in the suit premises. Trial court dismissed the eviction suit since the defendant No.1 was holding majority of the shares of the said company and thus, was found to be controlling the whole business. Respondent-plaintiff filed appeal. Appellate Authority held that the appellant was merely having a majority share-holding by which it could not be concluded that she was in actual control of the business of the company in suit premises. Defendant no 1 filed writ petition. High Court upheld the finding recorded by the first appellate court and dismissed the writ petition. Hence the present appeal. |
Judge | Hon'ble Mr. Justice A.K. Mathur |
Neutral Citation | 2007 INSC 851 |
Petitioner | Santosh Ajit Sachdevand Ors. |
Respondent | Anoopi Shahani |
SCR | [2007] 9 S.C.R. 204 |
Judgement Date | 2007-08-21 |
Case Number | 1386 |
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