38.6c New Delhi, India, Sunday, April 21, 2024
Judiciary

SC: Subletting Without Written Consent of the Landlord Not Permissible

By LawStreet News Network      12 January, 2020 07:01 PM      0 Comments
SC: Subletting Without Written Consent of the Landlord Not Permissible

SC has held in the case of A. Mahalakshmi v. Bala Venkatram (D) through LR & Anr. That subletting of rented premise without the written consent of the landlord is not permissible. 

Facts of the case are as below: 

Appellant lady in the present case was given power of attorney in respect of the said property and by way of rental agreement she had let out the premises to now dead Bala Venkatram, who was original defendant in the petition. Appellant filed an eviction suit on the ground of sub-letting and arrears of rent against the respondents under Sections 10(2)(i), 10(2)(ii)(a)(b) and 10(2)(iii) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960. Upon inquiries appellant lady had found that there was change of hand from the Bala Venkatram to respondent no. 2 – Shahu Hameed which was breach of the rent agreement. Appropriate notice was served to the respondents but it was not replied. Eviction suit was filed by landlady and counter suit for permanent injunction against evection was filed by the respondent. Eviction suit was dismissed by the Rent Controller (RC), and order of RC was challenged before Rent Control Appellate Authority (RCAA). RCAA passed eviction decree. As original defendant had died by that time, his legal heirs appealed in HC to set aside RCAA decree of eviction. HC allowed appeal and set aside RCAA order of eviction. This resulted in landlady filing the appeal in SC under its civil appellate jurisdiction to set aside HC judgment. 

HC had noted that appellant had failed to prove the subletting. But it was evident from the evidence on record i.e. the Certificate of Registration, Government of Tamil Nadu, Commercial Tax Department.

Counsel for the respondent argued that Respondent no. 1 and Respondent no. 2 were partners in the business hence there can be no question of sub-letting. 

SC division bench noted that all the ingredients of sub-letting were established and proved by the landlady, such as, parting with possession of the tenancy in favour of respondent no. 2 with exclusive rights of possession and that such parting with possession had been done without the consent of the Landlady.

On the other hand, Respondents had failed to prove that they were partners in the business. Justice MR Shah who has authored the judgment noted that HC has committed a grave error by not at all examining and discussing the evidence on record and the deposition of the respondent no. 1 before Rent Controller. 

It is noted that, 

Sub­letting means transfer of an exclusive right to enjoy the property in favour of the third party. To constitute a sub­letting, there must be a parting of legal possession, i.e., possession with the right to include and also right to exclude others. Sub­letting, 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 sub­letting is on the landlord.”

It is further observed that,

However, inducting the partner in his business or profession by the tenant is permitted so long as such partnership is genuine. It is further observed that if the purpose of such partnership is ostensible in carrying on business or profession in a partnership but the real purpose in sub­letting such premises to such other person who is inducted ostensibly as a partner then the same shall be deemed to be an act of sub-letting.”



Share this article:

User Avatar
About:


Leave a feedback about this
TRENDING NEWS

sc-orders-medical-examination-of-yr-old-rape-survivor-seeking-to-terminate-her-week-pregnancy
Trending Judiciary
SC orders medical examination of 14-yr-old rape survivor seeking to terminate her 28-week pregnancy

Supreme Court orders medical examination of 14-year-old rape survivor seeking termination of 28-week pregnancy. Decision to be made after evaluating impact on her health.

20 April, 2024 11:00 AM

TOP STORIES

need-to-safeguard-judiciary-from-unwarranted-pressures-21-ex-judges-write-letter-to-cji
Trending Legal Insiders
Need to safeguard judiciary from unwarranted pressures: 21 ex-judges write letter to CJI

21 ex-judges write to CJI Chandrachud urging protection of judiciary from pressures undermining its integrity and autonomy.

15 April, 2024 12:17 PM
sc-notice-to-ed-declines-early-date-on-plea-by-delhi-cm-arvind-kejriwal-against-arrest
Trending Judiciary
SC notice to ED; declines early date on plea by Delhi CM Arvind Kejriwal against arrest

SC issues notice to ED, declines early hearing on Delhi CM Kejriwal's plea against arrest in liquor scam.

15 April, 2024 03:08 PM
call-for-chapters-gender-based-violence-and-religion
Trending Law School
Call For Chapters: Gender-Based Violence and Religion

Calling For Book Chapters: As an editor, Dr. Amit Anand, Assistant Professor, School of Legal Studies, REVA University, Bengaluru, is inviting people to contribute to a book, entitled "Gender-Based Violence and Religion." This book is scheduled to be published by Cambridge Scholars Publishing.

15 April, 2024 04:21 PM
cannot-stop-any-public-rally-bombay-hc-says-on-allegation-that-ram-navami-processions-deliberately-pass-through-muslim-majority-areas
Trending Top Stories
Cannot stop any public rally, Bombay HC on allegation that Ram Navami processions deliberately pass through Muslim-majority areas

The Bombay High Court calls upon the Maharashtra Police to ensure that no law and order issues occur during a Ram Navami rally in a Muslim-majority area in Mumbai.

15 April, 2024 06:36 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email