Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Delhi Rent ControlAct 1958- s. 14(1}(b) and 14(4) - On the |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Delhi Rent Control Act,1958- s. 14(1}(b) and 14(4) - On the ground of sub-letting of tenanted premises -Alleging that the tenant had sub-let the tenanted shop to his son-in-law : Rent-Controller held that the son-in-law had been put in exclusive possession of the tenanted shop in pursuance of a shain partnership deed and hence liable to be evicted on the ground of sub-letting Appellate Authority held that since the alleged sub-tenant was a close relative i.e. son- in-law of the tenant, there was no parting of possession and hence no subletting - High Court upheld the view of the appellate authority -: On appeal, held: In view of clause (b)of the proviso to s.14(1), before a tenant can sublet, assign or part with the . possession of any part of the premises or the whole, it must be preceded by the consent in writing from t.he landlord - The requirement of obtaining the consent in writing of the landlord is retained as a prerequisite even for the purposes of sub-section (4) of s.14 - Thus, in either case, where a person has been inducted genuinely as a partner or where the partnership is a ruse, the requirement of consent in writing is necessary - In the present case, there is no evidence for tenant having obtained consent in writing F for the landlord before allowing the son-in-law to occupy the premises in pursuance of the partnership deed - Therefore, the occupation of the tenanted shop by son-in-law of the tenant amounts to a sub-letting within the meaning of s.14(1) (b) r/w. s.14(4) and hence tenants are liable for eviction - Appeal disposed of - Rent- control and Eviction. |
Judge | N/A |
Neutral Citation | 2017 INSC 94 |
Petitioner | Munshi Lal |
Respondent | Smt. Santosh & Ors. |
SCR | [2017] 1 S.C.R. 594 |
Judgement Date | 2017-02-01 |
Case Number | 1327 |
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