K. LUBNA & ORS. versus BEEVI & ORS.

K. LUBNA & ORS. versus BEEVI & ORS.

Under Section 11(4)(i) of the Kerala Buildings (Lease and Rent Control) Act, 1965, sub-letting of any part of a single tenanted building entitles the landlord to seek eviction of the entire tenanted premises; where facts show a single tenancy (single notice and single petition) and sub-letting of part was proved, eviction of the whole premises is warranted.

Parties
Appellant: K. LUBNA & ORS.; Respondent: BEEVI & ORS.
Jurisdiction
India
Judgment Date
13 January 2020
Procedural Posture
Civil Appeal / Appeal to Supreme Court
Outcome
Appeal allowed
Legal Topics
Eviction, Sub Letting (sub Tenancy), Interpretation of Section 11(4)(i) of the Kerala Buildings (lease and Rent Control) Act, 1965, Single Tenancy
Rent Control Landlord and Tenant Law Eviction Sub Letting (sub Tenancy) Interpretation of Section 11(4)(i) of the Kerala Buildings (lease and Rent Control) Act, 1965 Single Tenancy

Case Brief

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Parties

K. LUBNA & ORS.

Appellant

BEEVI & ORS.

Respondent

Procedural Posture

Civil Appeal / Appeal to Supreme Court

Legal Issues

  1. 1 Whether sub-letting of part of tenanted premises under Section 11(4)(i) of the Kerala Buildings (Lease and Rent Control) Act, 1965 entitles the landlord to eviction of the entire tenanted premises
  2. 2 Whether a pure question of law not earlier urged can be entertained at the Supreme Court stage when factual foundation is laid
  3. 3 Whether a single tenancy existed for the three shop rooms and consequences thereof

Ratio Decidendi

Under Section 11(4)(i) of the Kerala Buildings (Lease and Rent Control) Act, 1965, sub-letting of any part of a single tenanted building entitles the landlord to seek eviction of the entire tenanted premises; where facts show a single tenancy (single notice and single petition) and sub-letting of part was proved, eviction of the whole premises is warranted.

Court Disposition

Appeal allowed

Orders

  • Decree of eviction passed for the entire tenanted premises
  • Respondents granted six months to vacate the premises