Wednesday, 1 November 2017

Whether eviction decree can be passed against tenant if he gives tenanted premises to his nephew for residence?

 Viz-a-vis the aspect of sub-letting, we are inclined to concur with the finding of the Trial Court that Motichand, who was the nephew of the original Defendant, had been inducted in the suit premises as a sub-tenant. Further as it is a matter of record that the original Defendant had constructed his own house elsewhere where he has been residing with his wife, the accommodation of his nephew Motichand in the suit premises did amount to sub-letting and the same having been done without the knowledge and approval of the landlords, this too provided a ground for his eviction therefrom.

Civil Appeal No. 4309 of 2017 (Arising out of SLP (C) No. 17414 of 2015).
Decided On: 21.03.2017

Om Prakash and Ors.Vs. Mishri Lal (dead) represented by his LR. Savitri Devi and Ors.

Hon'ble Judges/Coram:
Arun Mishra and Amitava Roy, JJ.

Citation: (2017) 5 SCC 451
Read full judgment here : Click here
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