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1994 Supreme(SC) 32

M.K.MUKHERJEE, S.MOHAN
JANKI DEVI – Appellant
Versus
G. C. JAIN – Respondent


( 1 ) ). Admittedly the appellant Janki Devi was the original lessee. The purpose of letting was "for the use of education of children (school) only for one shift". The school was run under the name and style of "tagore School" by a Society called Rabindra Educational Society registered under the registration of Societies Act. The said Janki Devi is the secretary of the said society. Rent receipts were issued in the name of Tagore School. It was under these circumstances that the respondent-landlord sought to evict lessee on the ground of subletting in favour of the Society. All the courts below held against the tenant accepting the landlords contention of subletting. .

( 2 ) IN this Civil before us, what is argued is that Janki Devi has effective control andas not parted with the legal possession. The finding, that it is a case of subletting, cannot be supported. In aid of this submission, three decisions are cited, namely, Madras Bangalore Transport Co. (West) v. Inder Singh , Helper Girdharbhai v. Saiyed Mohmad Mirasaheb Kadrin and Shalimar Tar Products Ltd. v. H. C. Sharma.

( 3 ) WE have given our careful consideration to the above arguments. We are unable to agree with the sub




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