Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1947: ss.13(1)(e) (2) 15(1) 22 - Unlawful sub-letting Bombay Rent Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Bombay Rents. Hotel and Lodging House Rates Control Act, 1947 (57 of 1947) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Bombay Rent Act, 1947: ss.13(1)(e), 15(1), (2), 22 - Unlawful sub-letting - Suit for eviction on the ground of unlawful sub-letting by the tenant of leasehold property- Held: Sub-letting, assignment, transfer of interest in any manner or licencing made by the tenant after February 1, 1973 without there being any sanctioning clause in the contract or without any express consent of the landlord would constitute a ground for eviction u/s. 13(1 )(e) - In the instant case, the tenant made a sub-lease and parted with the possession of suit land in favour of sub-tenant - Sub-lease though executed on June 17, 1978 was made effective retrospectively from June 15, 1964 - Material on record showed that sub-tenant was in possession of suit premises long before February 1, 1973 and had continued to be in possession on that date - Subletting, thus, clearly fell within the protective ambit of s. 15(2) - There was no material change in the status of sub-tenant or in the terms and conditions on which it was in possession of suit land on February 1, 1973 or in the inter se relationship between the tenant and sub-tenant - Execution of sub-lease on June 17, 1978 would not, therefore, militate against the protection offered by s. 15(2) - Ground for eviction u/s. 13(1 )(e) not made out - Eviction suit dismissed - Transfer of Property Act, 1882 - ss. 106, 108(j), 114A - Rent control and eviction. |
Judge | Hon'ble Mr. Justice Aftab Alam |
Neutral Citation | 2011 INSC 284 |
Petitioner | Board Of Trustees Of The Port Of Mumbai |
Respondent | M/s Byramjee Jeejeebhoy Pvt. Ltd. & Anr. |
SCR | [2011] 5 S.C.R. 157 |
Judgement Date | 2011-04-08 |
Case Number | 3147 |
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