VidhiSangh

Supreme Court of India · 07/01/2020

A. MAHALAKSHMI versus BALA VENKATRAM (D) THROUGH LR. & ANR.

[2020] 1 S.C.R. 8 · 2020 INSC 12

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Summary

The Court restored eviction for subletting where the tenant had handed the shop to another person who exclusively operated it, held its registrations and controlled its bank accounts. The claimed partnership was not genuine. The tenant, who obtained possession under the appellant’s lease and paid her rent, could not deny her status as landlady merely because she acted under a power of attorney.

Issues

  1. Whether the appellant could maintain eviction proceedings as landlady.
  2. Whether the claimed partnership concealed subletting and justified restoration of eviction.

Held

Result

Appeal allowed. The High Court order was set aside and the Rent Control Appellate Authority’s eviction decree restored on subletting. Respondents must deliver possession within three months, file the usual undertaking and pay full rent arrears within four weeks.

Judgment PDF: Supreme Court of India, [2020] 1 S.C.R. 8.