BAJAJ AUTO LIMITED versus BEHARI LAL KOHLI

BAJAJ AUTO LIMITED versus BEHARI LAL KOHLI

Since the appellant parted with possession of the premises in favour of M/s United Automobiles without specific written consent of the landlord, and the lease deed is inadmissible for want of registration, the appellant cannot rely on its clauses. The arrangement constitutes unlawful sub-letting under section 14(1) Proviso (b) of the Act.

Parties
Appellant: Bajaj Auto Limited; Respondent: Behari Lal Kohli
Jurisdiction
India
Judgment Date
08 August 1989
Procedural Posture
Civil Appeal / Appeal by Special Leave Against Dismissal of Second Appeal in Limine by Delhi High Court
Outcome
appeal dismissed
Legal Topics
Eviction, Sub Letting, Registration of Lease Deeds, Delhi Rent Control Act
Property Law Landlord Tenant Law Eviction Sub Letting Registration of Lease Deeds Delhi Rent Control Act

Case Brief

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Parties

Bajaj Auto Limited

Appellant

Behari Lal Kohli

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave Against Dismissal of Second Appeal in Limine by Delhi High Court

Legal Issues

  1. 1 Whether occupation by M/s United Automobiles constituted a sub-lease under section 14(1) Proviso (b) of Delhi Rent Control Act
  2. 2 Whether the lessee could rely on a clause in an unregistered lease deed permitting sub-letting to associate concerns
  3. 3 Whether general written consent in the lease deed is sufficient for sub-letting under section 14(1) Proviso (b)

Ratio Decidendi

Since the appellant parted with possession of the premises in favour of M/s United Automobiles without specific written consent of the landlord, and the lease deed is inadmissible for want of registration, the appellant cannot rely on its clauses. The arrangement constitutes unlawful sub-letting under section 14(1) Proviso (b) of the Act.

Court Disposition

appeal dismissed

Orders

  • appellant evicted, appeal dismissed with costs