Creating sub-tenancy in part of the premises, confers the landlord with right of eviction from the whole premises: SC
[ by Kavita Krishnan ]A Supreme Court bench of Justices Sanjay Kishan Kaul and K.M. Joseph ruled that the landlords are entitled to a decree of eviction for the entire premises, (tenanted premises), on the ground of the tenants having sub-let a part of the premises.The Court held that bare reading of sub-para (i) of sub-section (4) of Section 11 of the Kerala Buildings (Lease and Rent...
A Supreme Court bench of Justices Sanjay Kishan Kaul and K.M. Joseph ruled that the landlords are entitled to a decree of eviction for the entire premises, (tenanted premises), on the ground of the tenants having sub-let a part of the premises.
The Court held that bare reading of sub-para (i) of sub-section (4) of Section 11 of the Kerala Buildings (Lease and Rent Control), Act, 1965 (“Act”) leaves no manner of doubt that the cause arises upon the tenant transferring his rights under a lease and sub-lets the entire building “or any portion thereof”, if the lease does not confer on him any right to do so.
The Court relied on M. Meeramytheen & Ors. v. K. Parameswaran Pillai & Ors and held that the judgment covers the legal principle from all perspectives. A bare reading of sub-para (i) of Section 11 (4) of the Act leaves no manner of doubt that the cause arises upon the tenant transferring his rights under a lease and sub-lets the entire building “or any portion thereof”, if the lease does not confer on him any right to do so.
The proviso requires that the landlord should have sent a registered notice to the tenant intimating the contravention of the said condition of the lease and upon the tenant failing to terminate the transfer or the sub-lease, as the case may be, within thirty (30) days of the receipt of the notice, an application for eviction could be made by the landlord. Thus, sub-letting of any part of the tenanted premises gives right to eviction from the whole premises.
The Court rule that although the appellants (landlords) have not specifically claimed that by sub-letting a portion, the whole premises is liable to be vacated, but then that is the legal consequence as is emerging from the legal position.
The Supreme Court thus allowed the appeal and held that the appellants are entitled to a decree of eviction for the entire premises. The respondents were granted six months’ time to vacate the premises.