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Supreme Court of India 2020-01-07 allowed

A.MAHALAKSHMI vs BALA VENKATRAM (D) THROUGH LR & ANR

Bench: 2 — Ashok Bhushan, M.R. Shah

In Brief

A landlord holding power of attorney from the property owner sued for eviction on grounds of subletting and arrears of rent under the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960. The tenant claimed he and the third occupant were business partners. The Rent Control Appellate Authority found subletting occurred; the High Court reversed this, finding no subletting proven. The Supreme Court allowed the appeal, holding that the tenant's own deposition admitted exclusive possession by the third party through power of attorney, coupled with licenses and bank accounts in the third party's name, clearly established subletting. The ostensible partnership was a veil concealing the real transaction. The respondent was directed to vacate within three months and pay arrears within four weeks.

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Landlord and Tenant Law Rent Control Eviction Subletting Standing and Locus Standi Power of Attorney Evidence

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