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Supreme Court of India 2017-04-12 allowed

Anil Kumar Dadurao Dhekle vs Rukhiben and Ors

Bench: 2 — R. Banumathi

In Brief

A landlord sought eviction of a tenant from a commercial property (hair salon) on grounds of rent arrears, illegal succession, and sub-letting under the Bombay Rent Control Act, 1947. The trial court granted eviction, but the First Appellate Court and High Court reversed it, treating the tenancy as annual rather than monthly. The Supreme Court held that monthly rent receipts clearly established a monthly tenancy falling under Section 12(3)(a), where arrears of six+ months entitled the landlord to eviction. The tenant's heirs had not actively carried on the business as required for succession. Additionally, the engagement of an unrelated third party amounted to unlawful sub-letting. The Court restored the trial court's eviction order.

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Landlord and Tenant Rent Control Eviction Default in Rent Payment Sub-letting Succession of Tenancy

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