NDLI: A. Mahalakshmi Vs. Bala Venkatram (d) Through Lr. & Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	1960 Eviction on the ground of sub-letting and arrears of rent Tamil Nadu Buildings (Lease and Rent Control) Act
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(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 – ss. 10(2)(1), 10(2)(ii)(a)(b) and 10(2)(iii) – Eviction on the ground of sub-letting and arrears of rent – The owner of the suit property had executed a power of attorney in the name of the appellant and in respect of the said property – Appellant let out the premises in question to original respondent no. 1 for commercial purposes – Appellant noticed a change in the name as well as ownership of the shop in the tenanted premises – Consequent to which, the appellant filed a suit for eviction on the ground of sub-letting and arrears of rent – It was a case on behalf of the respondent no. 1-original tenant that on the basis of an oral agreement, respondent no. 1 and respondent no. 2 were running the business as partners and there was no sub-letting of premises in favour of respondent no. 2 – Eviction petition was dismissed by the Rent Controller – Thereafter, Rent Control Appellate Authority passed the eviction decree on the ground of sub-letting – However, the High Court set aside the eviction order passed by the Rent Control Appellate Authority – On appeal, held: In cross-examination, the respondent no. 1-original tenant had specifically admitted that in the bank accounts of the firm, respondent no. 2 was shown as owner of the premises – He specifically admitted that he had handed over the premises to the respondent no. 2 through power of attorney and respondent no.2 was running the premises as owners – The application/sales tax in respect of the suit property was registered in the name of respondent no. 2 – Thus, from the disposition of original respondent no. 1 and material/evidence on record, it was a clear case of sub-letting – There was no genuine partnership between respondent no. 1 and respondent no. 2 – The High Court committed error in setting aside the decree of eviction on the ground of sub-letting – Therefore, impugned judgment and order passed by the High Court set aside and judgment passed by the Rent Control Appellate Authority restored.Rent Control and Eviction – Sub-letting – Held: Sub-letting means transfer of an exclusive right to enjoy the property in favour of the third party – To constitute a sub-letting, there must be a parting of legal possession, i.e., possession with the right to include and also right to exclude others – Sub-letting, assigning or otherwise parting with the possession of the whole or any part of the tenancy premises, without obtaining the consent in writing of the landlord, is not permitted and if done, the same provides a ground for eviction of the tenant by the landlord – When the eviction is sought on the ground of sub-letting, the onus to prove sub-letting is on the landlord.
Judge	Hon'ble Mr. Justice M.R. Shah
Neutral Citation	2020 INSC 12
Petitioner	A. Mahalakshmi
Respondent	Bala Venkatram (d) Through Lr. & Anr.
SCR	[2020] 1 S.C.R. 8
Judgement Date	2020-01-07
Case Number	9443

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A. Mahalakshmi Vs. Bala Venkatram (d) Through Lr. & Anr.

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