JOGINDER SINGH SODHI versus AMAR KAUR

JOGINDER SINGH SODHI versus AMAR KAUR

Exclusive possession by the appellant (son) without written consent of the landlady constituted illegal sub-letting by the tenant (father); proof of monetary consideration was not necessary; relationship between tenant and sub-tenant was immaterial; doctrine of waiver could not be applied as it was neither pleaded nor proved, and does not defeat statutory provisions.

Parties
Appellant: Joginder Singh Sodhi; Respondent: Amar Kaur
Jurisdiction
India
Judgment Date
08 October 2004
Procedural Posture
Civil Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Eviction, Sub Letting, Doctrine of Waiver
Rent Control Property Law Eviction Sub Letting Doctrine of Waiver

Case Brief

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Parties

Joginder Singh Sodhi

Appellant

Amar Kaur

Respondent

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether the tenant illegally sub-let the property to his son without written consent of the landlady
  2. 2 Whether proof of monetary consideration is required to establish sub-letting
  3. 3 Whether doctrine of waiver is applicable

Ratio Decidendi

Exclusive possession by the appellant (son) without written consent of the landlady constituted illegal sub-letting by the tenant (father); proof of monetary consideration was not necessary; relationship between tenant and sub-tenant was immaterial; doctrine of waiver could not be applied as it was neither pleaded nor proved, and does not defeat statutory provisions.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; interim relief stands vacated; no order as to costs.
  • Interim Application No.2 in Civil Appeal No.5199 of 2003 stands disposed of.