SMT. SYED SUGARA ZAIDI versus LAEEQ AHMAD (DEAD) THROUGH LRS. & ORS.

SMT. SYED SUGARA ZAIDI versus LAEEQ AHMAD (DEAD) THROUGH LRS. & ORS.

Upon expiry of the lease period and without renewal, and in the absence of express consent of the lessor, the tenants' continued possession became unlawful. Transfer of tenancy rights to a third party without a specific clause permitting such transfer in the rent agreement also rendered the tenants liable to eviction.

Source-derived case information.

Parties
Appellant: Smt. Syed Sugara Zaidi; Respondents: Laeeq Ahmad (Dead) through LRs. & Ors.
Jurisdiction
India
Judgment Date
06 December 2017
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court Revision
Outcome
Appeal allowed; impugned High Court judgment set aside.
Legal Topics
Eviction, Non Renewal of Lease, Sub Letting, Transfer of Tenancy, Default in Payment of Rent
Landlord and Tenant Rent Control Eviction Non Renewal of Lease Sub Letting Transfer of Tenancy Default in Payment of Rent

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Smt. Syed Sugara Zaidi

Appellant

Laeeq Ahmad (Dead) through LRs. & Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court Revision

Legal Issues

  1. 1 Whether respondents-tenants can continue in possession after expiry of lease period when lease was not renewed
  2. 2 Whether respondents-tenants are liable to be evicted for transferring interest in tenancy to a third party in violation of rent agreement

Ratio Decidendi

Upon expiry of the lease period and without renewal, and in the absence of express consent of the lessor, the tenants' continued possession became unlawful. Transfer of tenancy rights to a third party without a specific clause permitting such transfer in the rent agreement also rendered the tenants liable to eviction.

Court Disposition

Appeal allowed; impugned High Court judgment set aside.

Orders

  • Respondents-tenants, their sub-tenants, and any other persons claiming through them are directed to hand over vacant possession of the suit premises within one year from the date of judgment; failing which, they shall be liable for contempt of court and other proceedings.
  • No order as to costs.