Can a Son Be a Subtenant? Indian Rent Control Guide

Bombay

Once, he failed to prove that he is the adopted son of deceased tenant, he cannot get right as heir of deceased tenant’. ... Soon thereafter this dispute arose, because the tenant having shifted to another premises at Borivili, the premises in question continued to be occupied by Respondent 2. In the facts and circumstances, it is difficult to hold that Respondent 2 is ....

2024 0 Supreme(Cal) 647

Provided further that the son, daughter parent or the widow of the predeceased son of the tenant who was ordinarily residing with the tenant in the said premises up to the date of death of the tenant as a member of his family and was dependent on him and who does not own or occupy any residential premises ... son, who were ordinarily living with the #H....

2024 0 Supreme(Bom) 1026

In my view therefore, the defence adopted by both the Defendants about son of Defendant No1 being tenant of the suit premises is clearly fallacious. ... Since it became difficult for Defendants to deal with a situation as to why son of Defendant No. 1 is party to the assignment, an apparent false story appears to have been woven to paint a picture as if son of Defendant No.1 was the real tenant#....

2024 Supreme(Online)(Bom) 6822

The question as to whether a person is a member of the family of the tenant must be decided on the facts and circumstances of the case. ... In that case the Court considered the question Whether mother and brother who were left behind by the tenant who shifted permanently to Canada followed by his wife and children could be evicted on the ground that neither the tenant nor any member of his family has bee....

2024 0 Supreme(Cal) 1325

was ordinarily living with the tenant up to his death as a member of his family and was dependent on him and who does not own or occupy any residential premises: Provided further that the son, daughter, parent or the widow of the predeceased son of the tenant who was ordinarily residing with the tenant ... five years from the date of death of such tenant or from the dat....

Bombay

The question as to whether a person is a member of the family of the tenant must be decided on the facts and circumstances of the case. ... This submission overlooks the fact that the tenant in question is not the husband of Respondent 1 but Respondent 1 herself. It cannot be said that Respondent 1 and Respondent 2 are blood relations. ... In that case, one Sitaram Tribhuvane was the original tenant, who ....

2022 0 Supreme(Raj) 2790

The original tenant Prabhu Lal has passed away, his mother Ramnathi Bai has subletted the rented premises to defendant No.2-Dinesh Chand who is in exclusive possesion. The plea of defendant No.2 that he is adopted son of defendant No.1 was not found proved. ... Appellant-defendant submitted his written statement and contended that he is not sub-tenant but is adopted son of defendant No.1 and the ground of....

2023 0 Supreme(Cal) 197

own or occupy any residential premises: Provided further that the son, daughter parent or the widow of the pre-deceased son of the tenant who was ordinarily residing with the tenant in the said premises upto the date of death of the tenant as a member of his family ... and the widow of his predeceased son who were ordinarily living with t....

2023 0 Supreme(P&H) 2065

Since petitioner-tenant and Respondent no.3 were partners, so question of sub-letting of the premises by petitioner-tenant in favour of Respondent no.3 does not arise at all. 5. ... So, the landlord has duly proved that demised premises has been sub-let by the petitioner-tenant to Respondent no.3. In case Balwant Singh Narang (supra), it has been clearly held that partnership business w....

The tenant cannot question the landlord's ownership of the premises; he has no right to do so (section 116 of the Evidence Ordinance, Pathirana v. Jayasundara19). ... It is the position of the Defendant that the averments in the plaint itself demonstrate that the Plaintiff's mother, who alienated the premises to the Plaintiff, acquired title to the premises not from her parents or spouse but from ....

2005 0 Supreme(Bom) 1341

1. In the light of the aforesaid fact it has been contended that defendant no. 1s son is in unlawful use, occupation and possession of the said premises from the date the premises is vacated by the tenant and thus said son of defendant no. @ Rs. 1 lac per month till he hands over the possession. 1 should be directed to pay compensation for unlawful use thereof.

2005 6 Supreme 556

But the son who was residing in the premises moved an application and sought to be impleaded as a respondent and he claimed that he was a tenant in the premises in question. Therefore, so far as the tenancy rights of the original tenant/defendant No.1 were concerned, the same came to an end. Therefore, the question came up for determination whether he was a tenant or not. The trial court and the first appellate court as well as the High Court in writ petition did not disturb ....

2005 0 Supreme(Guj) 544

When a person occupying newly built premises is not dependent upon the tenant, then, the tenant cannot be allowed to say that he would construct a new house, would give it to his son, who is independent and but would occupy the premises which were taken on lease. This Court could appreciate the argument if it was submitted by the tenant that newly built house was occupied by some of his family members who are dependent upon the tenant.

2004 0 Supreme(Guj) 271

In his submission, such acquisition, therefore, cannot be said to be a suitable alternative accommodation. Mr. Shah also submitted that the trial court has also not raised any issue whether the defendant can assert any right or whether he can go and occupy the so-called acquired premises as a matter of right. He submitted that even if his son or wife may allow him to occupy the said premises for some time, it cannot be said that the tenant can go and occupy the said premises as a mat....

2003 0 Supreme(Kar) 307

Clause (j) is to the effect that the Court may order for the recovery of possession of the premises on the ground that the tenant, his spouse or a dependent son or daughter ordinarily living with him has whether before or after the commencement of this Act built or acquired vacant possession of or has been allotted a residence or as the case may be a commercial premises. It is argued by learned counsel Mr, M. G. Kumar that in the light of interpretation of this clause by the Supreme Court in t....