BHOOLCHAND AND ANR. versus KAY PEE CEE INVESTMENTS AND ANR.

BHOOLCHAND AND ANR. versus KAY PEE CEE INVESTMENTS AND ANR.

Sub-letting effected after the expiry of the contractual tenancy and after the commencement of the statute prohibiting subletting without written consent of the landlord is unlawful. The landlord's written consent given during contractual tenancy does not extend into the statutory tenancy. Landlord's bona fide requirement for the premises is proved, and the decree for eviction by the High Court is justified.

Parties
Appellant (tenant): Bhoolchand Chandiram; Appellant (sub Tenant): Super Dry Cleaners; Respondent (landlord): Kay Pee Cee Investments
Jurisdiction
India
Judgment Date
10 October 1990
Procedural Posture
Civil Appeal / Appeal From High Court Revision Decision
Outcome
Appeals dismissed
Legal Topics
Sub Letting, Eviction, Written Consent of Landlord, Statutory Tenancy, Bona Fide Requirement
Property Law Tenancy Rent Control Sub Letting Eviction Written Consent of Landlord Statutory Tenancy Bona Fide Requirement

Case Brief

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Parties

Bhoolchand Chandiram

Appellant (tenant)

Super Dry Cleaners

Appellant (sub Tenant)

Kay Pee Cee Investments

Respondent (landlord)

Procedural Posture

Civil Appeal / Appeal From High Court Revision Decision

Legal Issues

  1. 1 Whether the written consent of the landlord for subletting during contractual tenancy permits ongoing subletting after expiry of the contractual tenancy
  2. 2 Whether the landlord's reasonable and bona fide requirement for the premises is proved

Ratio Decidendi

Sub-letting effected after the expiry of the contractual tenancy and after the commencement of the statute prohibiting subletting without written consent of the landlord is unlawful. The landlord's written consent given during contractual tenancy does not extend into the statutory tenancy. Landlord's bona fide requirement for the premises is proved, and the decree for eviction by the High Court is justified.

Court Disposition

Appeals dismissed

Orders

  • Appellants granted time till 31.3.1991 to vacate the premises, subject to undertaking filed within four weeks
  • No costs awarded