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PUSHPENDRA SINGH BHATI
Santosh Verma – Appellant
Versus
Govind – Respondent
ORDER
Dr. Pushpendra Singh Bhati, J. - This writ petition has been preferred claiming the following reliefs:
2. As the pleaded facts would reveal, one Smt. Hukam Kanwar w/o Late Shri Chatur Singh Shaktawat (hereinafter referred to 'as original landlady") let out, on rent, a shop situated outside Surajpole, Opposite Ashok Cinema, National Highway Link Road, Udaipur (in short, 'shop in question") to the present petitioner by executing a rent note dated 22.09.1988; in the said rent note, a stipulation was made that in the event of the original landlady requiring vacation of the shop in question, she shall give one month's prior notice in regard thereto to the petitioner-tenant; similarly, in case the petitioner-tenant wishes to vacate the shop in question, she shall also be required to give one month's prior notice thereof to the original landlady.
3. The petitioner-tenant, while obtaining the possession of the shop in question gave, through
The court ruled that to establish sub-letting under the Tamil Nadu Buildings (Lease and Rent Control) Act, the landlord must prove the tenant has transferred exclusive possession, which was not done ....
Upon the expiration of a lease, if not renewed, the tenancy reverts to a month-to-month basis, which can be terminated with proper notice.
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A co-owner can maintain an eviction petition without other co-owners' consent, provided there are no objections, reaffirming that the landlord-tenant relationship must be established for eviction und....
The court upheld the eviction order, confirming the landlords' bona fide need for the tenanted premises under the Delhi Rent Control Act, 1958, despite the tenants' claims of independent tenancy.
The main legal point established is that sub-tenants must obtain written permission for sub-letting and provide a written notice of sub-tenancy to the landlord to be eligible for protection under the....
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