ISHA VALIMOHAMAD & ANR. vs HAJI GULAM MOHAMAD & HAJI DADA TRUST

The Supreme Court held that the High Court erred in assuming that notice under the Transfer of Property Act was necessary to terminate the tenancy due to subletting. The Court clarified that under the Transfer of Property Act, subletting does not automatically terminate tenancy unless explicitly prohibited in the contract. It affirmed that the landlord's right to recover possession under the Saurashtra Rent Control Act, 1951, survived its repeal, as per Section 51 of the Bombay Rent Act, allowing the suit for recovery of possession to proceed despite the repeal.