Supreme Court · 2002 INSC 62 · Decided 4 February 2002
Gurdial Singh and ORS. v. Raj Kumar Aneja and ORS.
- Court
- Supreme Court of India
- Citation
- 2002 INSC 62 · [2002] 1 S.C.R. 817
- Case number
- CIVIL APPEAL No. 2896/2001
- Decided
- 4 February 2002
- Bench
- R.C. LAHOTI, BRIJESH KUMAR (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 6; Evidence Act Section 9, 91, 92
Headnote
Rent Control and Eviction East Punjab Urban Rent Restriction Act, 1949: Section l 3(2)(ii)(a)-Eviction-Sub-/etting-Absence of written consent-Tenant inducted sub-tenant on oral consent of the landlord-Validity of-Held: When the law speaks of written consent "oral consent" cannot be Section 9 l and 92-Deed of lease-Plea that the transaction described in the lease deed was sham or fictitious not intended to be acted upon and was camouflage of rent control legislation, not excluded Code of Civil Procedure, 1908: Order 6 Rule 17-Pleadings-Amendment of-Procedure-Held: A B c D
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