Lawstreet Journal

SC: Subletting Without Written Consent of the Landlord Not Permissible

Lawstreet Journal 13 Jan 2020 12:31am

Image courtesy: Lawstreet Journal Judiciary 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… Continue Reading...


Tagged: Supreme Court of India   Supreme Court of India  
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