Supreme Court · 2011 INSC 284 · Decided 8 April 2011
Board of Trustees of the Port of Mumbai v. M/S Byramjee Jeejeebhoy PVT. LTD. & ANR.
- Court
- Supreme Court of India
- Citation
- 2011 INSC 284 · [2011] 5 S.C.R. 157
- Case number
- CIVIL APPEAL No. 3147/2011
- Decided
- 8 April 2011
- Bench
- AFTAB ALAM, RAJENDRA MAL LODHA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Transfer of Property Act Section 106, 108(j), 114A; Rent Control Act Section 13(1)(e), 15(1)
Headnote
A 8 Bombay Rent Act, 1947: ss.13(1)(e), 15(1), (2), 22 - Unlawful sub-letting - Suit for eviction on the ground of unlawful sub-letting by the tenant of leasehold property- Held: C Sub-letting, assignment, transfer of interest in any manner or licencing made by the tenant after February there being any sanctioning clause in the contract or without any express consent of the landlord would constitute a ground for eviction u/s. 13(1 )(e) - In the instant case, the tenant made D a sub-lease and parted with the possession of suit land in favour of sub-tenant - Sub-lease though
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