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october 1974

Supreme Court of India · 1974-10-11

P. J. GUPTA & CO., vs K. VENKATESAN MERCHANT & ORS

Citation / case number
SC 1971/60186
Court
Supreme Court of India
Petitioner
P. J. GUPTA & CO.,
Respondent
K. VENKATESAN MERCHANT & ORS
Bench
BEG, M. HAMEEDULLAH

Judgment text excerpt

The Supreme Court held that under Section 10(2)(ii)(a) of the Madras Buildings (Lease & Rent Control) Act, 1960, a landlord can evict a tenant for sub-letting without consent after October 23, 1945. The Court clarified that the special procedure of the Act supersedes the Transfer of Property Act in eviction matters, affirming that the sub-letting in 1957 was covered by the Act. The appeal was dismissed, upholding the High Court's decision that the tenant was not protected from eviction under the Act's provisions.

P. J. GUPTA & CO., vs K. VENKATESAN MERCHANT & ORS · Niyam