M/S. K. GANESH SHET versus SRI A.K. JAYARAMA SHEKA AND ORS.

M/S. K. GANESH SHET versus SRI A.K. JAYARAMA SHEKA AND ORS.

Once illegal sub-letting is established by competent finding, the landlord is entitled to eviction of both the tenant and sub-tenants, and the death of the tenant does not affect this right.

Parties
Appellant/landlord: K. Ganesh Shet; Respondent/tenant: A.K. Jay Arama Sheka; Respondent/sub Tenants: Sub-tenants (unnamed)
Jurisdiction
India
Judgment Date
27 August 2004
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal by Special Leave
Outcome
Appeal allowed; landlord's claim for eviction decreed.
Legal Topics
Eviction, Illegal Sub Letting, Sub Tenant Protection, Effect of Tenant's Death
Landlord Tenant Law Eviction Illegal Sub Letting Sub Tenant Protection Effect of Tenant's Death

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Parties

K. Ganesh Shet

Appellant/landlord

A.K. Jay Arama Sheka

Respondent/tenant

Sub-tenants (unnamed)

Respondent/sub Tenants

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal by Special Leave

Legal Issues

  1. 1 Whether the landlord is entitled to eviction when illegal sub-letting is established but the original tenant has died
  2. 2 Effect of tenant's death on right to evict sub-tenants inducted without landlord's consent

Ratio Decidendi

Once illegal sub-letting is established by competent finding, the landlord is entitled to eviction of both the tenant and sub-tenants, and the death of the tenant does not affect this right.

Court Disposition

Appeal allowed; landlord's claim for eviction decreed.

Orders

  • Judgment of the High Court set aside.
  • Order of the District Judge restored.