A.S. SULOCHANA vs C. DHARMALINGAM

The Supreme Court held that under Section 10(2)(ii)(a) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, a tenant can only be evicted for unlawful subletting if he himself is guilty of the contravention, not his predecessor. The Court dismissed the landlord's appeal, affirming the High Court's ruling that the respondent, who inherited the tenancy, could not be evicted based on subletting that occurred prior to his tenancy. The judgment emphasized that penal provisions must be strictly construed, and the absence of evidence regarding the tenant's wrongdoing precluded eviction.