Mumbai: If a tenant parts with the possession
of rented premises, and allows his relatives to live there
instead, it could be presumed to be a case of "sub-letting",
Bombay High Court recently held.
Justice Nishita Mhatre confirmed the lower court`s order
which evicted the tenant in this case. High Court`s ruling
came 33 years after landlord filed the original suit.
V V Relan, who had let out his flat to H H Shah, filed
suit in small causes court here in 1977, seeking possession of
his flat back. Relan alleged that Shah had defaulted on
payment of rent.
Relan also alleged that Shah himself did not live in
Mumbai flat, but lived in London, and had sub-let the flat to
his (Shah`s) brothers, thus violating lease agreement.
Lower court upheld Relan`s argument, and passed an order
in 2000, evicting Shah. Shah filed appeal in High Court.
In the High Court, Shah`s lawyer argued that it was not
proven that Shah was collecting any rent from his brothers;
and allowing one`s relatives to occupy the premises won`t
amount to subletting.
However, Justice Mhatre did not accept the argument. She
said in the ruling last week that "the Supreme Court has held
(in earlier cases) that the proof of payment of monetary
consideration is not a sine qua non (absolutely necessary) to
establish subletting."
PTI
