Supreme Court · 2003 INSC 206 · Decided 2 April 2003
Roop Kumar v. Mohan Thedani
- Court
- Supreme Court of India
- Citation
- 2003 INSC 206 · [2003] 3 S.C.R. 292
- Case number
- CIVIL APPEAL No. 2631/2003
- Decided
- 2 April 2003
- Bench
- SHIVARAJ V. PATIL, ARIJIT PASAYAT (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CrPC Section 145; Evidence Act Section 91, 92
Headnote
Rent r.md Eviction: Delhi Rrnt Cumrol .1ct, 1958; Section 16(8): Com111<!l'cial pre111ises-Agcncy-cu111-Licence agree111ent between tenant and another/appellant for a fixed periur.1--Possession a11d rights of tenanl)' not ported with--Poyment of commission-Agree111e11t-Nature of-Held: of commission i11 execution of an agreement­ Abse11ce of consent of the landlord to creaJe sub-te11ancy-He11ce, High Court has right~)' heir.I that the agree111ent was one of licence and not of lease-Code of Cri111i11al Procedure, 197 3; Section 1./5. E Ei'idence Act. 1872: Ss. 91 & 92:
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