PULIN BEHARI LAL versus MAHADEB DUTTE AND ORS.

PULIN BEHARI LAL versus MAHADEB DUTTE AND ORS.

Tenant’s sub-letting without written consent enables eviction; mere acceptance of rent by landlord does not constitute waiver unless accompanied by conscious relinquishment; compliance with prescribed statutory procedures is mandatory.

Parties
Appellant: Pulin Behari Pal; Respondents: Mahadeb Duite and Ors.
Jurisdiction
India
Judgment Date
03 February 1993
Procedural Posture
Civil Appeal / Appeal by Special Leave From High Court Decision
Outcome
Appeal dismissed with costs
Legal Topics
West Bengal Premises Tenancy Act, Eviction, Sub Letting, Waiver of Forfeiture
Landlord and Tenant Law West Bengal Premises Tenancy Act Eviction Sub Letting Waiver of Forfeiture

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Parties

Pulin Behari Pal

Appellant

Mahadeb Duite and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From High Court Decision

Legal Issues

  1. 1 Whether eviction is justified on ground of sub-letting without written consent of landlord under West Bengal Premises Tenancy Act
  2. 2 Whether acceptance of rent after knowledge of sub-letting amounts to waiver of eviction right

Ratio Decidendi

Tenant’s sub-letting without written consent enables eviction; mere acceptance of rent by landlord does not constitute waiver unless accompanied by conscious relinquishment; compliance with prescribed statutory procedures is mandatory.

Court Disposition

Appeal dismissed with costs

Orders

  • Tenant to vacate suit premises on or before 30th April, 1993 upon furnishing usual undertaking within four weeks
  • Appeal dismissed