INDRA KUMAR KARNANI versus ATUL CHANDRA PATITUNDI AND ANR.
Section 13(2) of the 1950 Act protects sub-tenants even in cases where sub-letting violates the agreement of lease, and landlord's consent is not required for sub-letting by tenant of first degree for sub-lessee to acquire tenant's rights.
- Parties
- Appellant: Indra Kumar Karnani; Respondent No. 2: Atul Chandra Patitundi; Respondent No. 1: Respondent No. 1
- Jurisdiction
- India
- Judgment Date
- 10 March 1965
- Procedural Posture
- Civil Appeal / Appeal by Special Leave
- Outcome
- appeal dismissed
- Legal Topics
- Sub Letting, Sub Tenancy Rights, Landlord's Consent, Eviction, West Bengal Premises Rent Control
Case Brief
Summary, issues, holding and outcome
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Parties
Indra Kumar Karnani
Appellant
Atul Chandra Patitundi
Respondent No. 2
Respondent No. 1
Respondent No. 1
Procedural Posture
Civil Appeal / Appeal by Special Leave
Legal Issues
- 1 Whether sub-tenants are protected under s. 13(2) of the West Bengal Premises Rent Control (Temporary Provisions) Act, 1950 when sub-letting is in violation of the lease agreement
- 2 Interpretation of s. 13(2) and s. 13(1) regarding necessity of landlord's consent for sub-letting
- 3 Whether rights of sub-tenants are saved under s. 13 even when eviction is sought due to sub-letting against lease conditions
Ratio Decidendi
Section 13(2) of the 1950 Act protects sub-tenants even in cases where sub-letting violates the agreement of lease, and landlord's consent is not required for sub-letting by tenant of first degree for sub-lessee to acquire tenant's rights.
Court Disposition
appeal dismissed
Orders
- Suit of respondent No. 1 rightly decreed; appeal dismissed with costs.
Full Case Text
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