VidhiSangh

Supreme Court of India · 06/12/2017

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

[2017] 14 S.C.R. 437 · 2017 INSC 1193

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Court reversed dismissal of a landlord’s ejectment suit because the fixed-term lease was not renewed and a tenancy interest was transferred without proven consent. It distinguished contractual permission to sublet from permission to transfer the tenancy itself, and left the separate rent-default question undecided.

Issues

  1. Whether a renewal covenant and disputed correspondence extended the expired lease.
  2. Whether permission to construct and sublet authorized transfer of a tenant’s interest to a third party.

Held

Result

Appeal allowed without costs; impugned judgment set aside. Tenants, subtenants and all claiming through them directed to hand over vacant possession within one year, failing which contempt liability would arise in addition to other proceedings.

Judgment PDF: Supreme Court of India, [2017] 14 S.C.R. 437.