VAISHAKHI RAM AND ORS. versus SANJEEV KUMAR BHATIANI

VAISHAKHI RAM AND ORS. versus SANJEEV KUMAR BHATIANI

Subletting is proved when tenant parts with possession to another without written consent; exclusive possession and independent business by alleged sub-tenants who are not family members means Section 14(1)(b) is attracted. No evidence of waiver by landlords; thus, tenant is liable to eviction per concurrent findings.

Parties
Appellant No.1, Tenant: Vaishakhi Ram; Appellants, Alleged Sub Tenants: Appellant Nos.2 to 4 (names not stated); Respondent, Landlord: Sanjeev Kumar Bhatiani
Jurisdiction
India
Judgment Date
25 February 2008
Procedural Posture
Civil Appeal No. 1559 of 2008 / Final Judgment on Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Subletting, Eviction, Waiver, Burden of Proof
Rent Control Property Law Subletting Eviction Waiver Burden of Proof

Case Brief

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Parties

Vaishakhi Ram

Appellant No.1, Tenant

Appellant Nos.2 to 4 (names not stated)

Appellants, Alleged Sub Tenants

Sanjeev Kumar Bhatiani

Respondent, Landlord

Procedural Posture

Civil Appeal No. 1559 of 2008 / Final Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the appellant No.1 sublet a portion of the tenanted premises to appellant Nos.2 to 4 without written consent of the landlord under Section 14(1)(b) of the Delhi Rent Control Act, 1958
  2. 2 Whether the right of eviction was waived by the landlord
  3. 3 Whether appellant Nos.2 to 4 were family members within the meaning of rent control legislation

Ratio Decidendi

Subletting is proved when tenant parts with possession to another without written consent; exclusive possession and independent business by alleged sub-tenants who are not family members means Section 14(1)(b) is attracted. No evidence of waiver by landlords; thus, tenant is liable to eviction per concurrent findings.

Court Disposition

Appeal dismissed

Orders

  • Eviction affirmed under Section 14(1)(b) of Delhi Rent Control Act
  • Time to vacate suit shop by 30 June 2008, subject to usual undertaking within four weeks