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Supreme Court of India 2020-01-07 allowed

A. MAHALAKSHMI vs BALAVENKATRAM(D) THROUGH LR

Bench: 2 — Ashok Bhushan, M.R. Shah

In Brief

A landlord filed an eviction suit against a tenant and sub-tenant in Tamil Nadu for subletting and arrears of rent. The Rent Control Appellate Authority found subletting and decreed eviction, but the High Court reversed this. The Supreme Court held that the landlord (a power of attorney holder) could validly bring the suit. The Court found clear subletting where the alleged sub-tenant held exclusive possession, all business licenses, bank accounts, and tax certificates in his name, while the original tenant had no documents evidencing genuine partnership. The ostensible partnership was a facade to conceal subletting. The Court allowed the appeal and restored the eviction decree.

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Landlord and Tenant Rent Control Subletting Eviction Civil Procedure

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