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Parveen Kr. Aggarwal (Advocate)     05 January 2010

Whether sub-tenant be evicted for necessity of tenant

Whether a tenant can sue the sub-tenant for eviction on the ground of his bona fide personal necessity?



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 7 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     05 January 2010

No. This right vests only in the favour of landlord and not tenant. otherwise also sub-tenancy is generally not premitted by landlords. A personal engaged in illegal activity is not entitled to invoke the right of equity.

Parveen Kr. Aggarwal (Advocate)     05 January 2010

What if the sub-tenancy is with permission of landlord and the landlord had no objection to the tenant sub-letting the premises?

Suchitra. S (Advocate)     06 January 2010

Rights of eviction rests with the ladlord and he is the owner of the property. In this case, landlord know about the subtenancy and it is as good as tenancy only.

V. VASUDEVAN (LEGAL COUNSEL)     06 January 2010

 I concur with Adv.RajkumarJi and Suchitra's views.

vasudevan

Parveen Kr. Aggarwal (Advocate)     06 January 2010

For the purposes of Rent Legislation, landlord is not essentially owner of the property. So, if a person other than owner has sub-letted the property with the concurrence of the owner whether he can seek eviction of sub-tenant on the ground of his personal necessity.

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     08 January 2010

I beg to differ.

According to lease and rent control act, a person who has right to collect the rent(not necessarily owner) can file a petition to evict the tenant.

I have conducted so many cases, filed by tenants against the sub-tenants.

 

Parveen Kr. Aggarwal (Advocate)     08 January 2010

Yes Mr. Ramesh. Can you state some Judgments of Supreme Court or any of the High Courts on this point (i.e. entitlement of a tenant to evict sub-tenant on the ground of personal necessity).


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