Wednesday, 8 August 2018

Whether claim of landlord for eviction on ground of bonafide need is liable to be rejected if he has not taken action against tenant who has subletted premises?

 Learned Counsel for the revision petitioner then submitted that there was one tenant by name Dadaji Dabji who was in occupation of very large premises. The said Dadaji Dhabji has sublet some portions of his premises to Standard Chartered Bank, New India Assurance Company and Nicson Dadaji Ltd. Again, it is not the case of the revision petitioner that the premises let out to Dadaji Dhabji ever came in the possession of the respondent. According to the revision petitioner, Dadaji Dhabji has sublet the premises. There is no evidence on record to show whether agreement of tenancy with Dadaji Dhabji prohibits subletting. As stated earlier, under Section 15 of the Bombay Rent Act there is no absolute prohibition against subletting by a tenant. Subletting is not illegal if the contract of tenancy permits it or if the landlord consents to the subletting. Assuming that the landlord did not take action against a tenant who had illegally sublet his premises or any part thereof, that by itself would not result in rejecting the claim of bona fide requirement made by the landlord in a pending suit against another tenant.

IN THE HIGH COURT OF BOMBAY

Civil Revision Application No. 370 of 2003, Appeal No. 737 of 2001 and R.A.E. Suit No. 924 of 1990

Decided On: 09.10.2006

Praised Darius Gandhi Vs. B.A. Rane and Ors.

Hon'ble Judges/Coram:
D.G. Karnik, J.
Citation: 2007 (2) MHLJ 590


Read full judgment here: Click here
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