SHALIMAR TAR PRODUCTS LTD. versus H.C. SHARMA & ORS.

SHALIMAR TAR PRODUCTS LTD. versus H.C. SHARMA & ORS.

Eviction is justified as sub-letting has occurred by parting of legal possession to R.C. Abrol & Co. (P) Ltd. without the written consent of the landlord as required under Sections 14(1) proviso (b), 16(2) and (3) of the Delhi Rent Control Act, 1958. Mere permission or acquiescence by the landlord does not satisfy the statutory requirement of written consent, and waiver of such requirement is not permissible.

Parties
Appellant: Shalimar Tar Products Ltd.; Respondents: H.C. Sharma & Ors.
Jurisdiction
India
Judgment Date
12 November 1987
Procedural Posture
Civil Appeal / Decision on Appeal by Special Leave
Outcome
Appeal dismissed
Legal Topics
Eviction, Sub Letting, Consent Requirements Under Delhi Rent Control Act
Property Law Tenancy Law Eviction Sub Letting Consent Requirements Under Delhi Rent Control Act

Case Brief

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Parties

Shalimar Tar Products Ltd.

Appellant

H.C. Sharma & Ors.

Respondents

Procedural Posture

Civil Appeal / Decision on Appeal by Special Leave

Legal Issues

  1. 1 Whether mere permission or acquiescence amounts to written consent for sub-letting under Delhi Rent Control Act, 1958
  2. 2 Whether waiver of statutory requirement of written consent is permissible
  3. 3 Whether sub-letting was done in breach of statutory covenant

Ratio Decidendi

Eviction is justified as sub-letting has occurred by parting of legal possession to R.C. Abrol & Co. (P) Ltd. without the written consent of the landlord as required under Sections 14(1) proviso (b), 16(2) and (3) of the Delhi Rent Control Act, 1958. Mere permission or acquiescence by the landlord does not satisfy the statutory requirement of written consent, and waiver of such requirement is not permissible.

Court Disposition

Appeal dismissed

Orders

  • Decree for eviction shall not be executed before 30.6.1988 provided appellant files the usual undertaking within four weeks
  • Mesne profits payable from 1st December 1987 at Rs.7,000 per month until possession is delivered