K.K. KRISHNAN versus M. K. VIJAYA RAGHAVAN

K.K. KRISHNAN versus M. K. VIJAYA RAGHAVAN

Section 11(4)(i) of the Kerala Buildings (Lease and Rent Control) Act, 1965, overrides Section 108(j) of the Transfer of Property Act, 1882; tenant cannot sublet without landlord’s consent unless the lease expressly confers such right. Section 108(j) does not serve as a defence to eviction under the Kerala Act.

Parties
Appellant Tenant: K. K. Krishnan; Respondent Landlord: M. K. Vijaya Raghavan
Jurisdiction
India
Judgment Date
30 July 1980
Procedural Posture
Civil Appeal / Supreme Court Appeal by Special Leave
Outcome
Appeal dismissed with costs
Legal Topics
Sub Letting, Eviction, Statutory Override
Property Law Tenancy Rent Control Sub Letting Eviction Statutory Override

Case Brief

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Parties

K. K. Krishnan

Appellant Tenant

M. K. Vijaya Raghavan

Respondent Landlord

Procedural Posture

Civil Appeal / Supreme Court Appeal by Special Leave

Legal Issues

  1. 1 Whether a tenant can sublet the premises without landlord’s permission under Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(4)(i)
  2. 2 Whether Section 108(j) of the Transfer of Property Act, 1882, can be a defence to an action for eviction under the Rent Act

Ratio Decidendi

Section 11(4)(i) of the Kerala Buildings (Lease and Rent Control) Act, 1965, overrides Section 108(j) of the Transfer of Property Act, 1882; tenant cannot sublet without landlord’s consent unless the lease expressly confers such right. Section 108(j) does not serve as a defence to eviction under the Kerala Act.

Court Disposition

Appeal dismissed with costs

Orders

  • The appeal is dismissed with costs.