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november 1987

Supreme Court of India · 1987-11-12

SHALIMAR TAR PRODUCTS LTD. vs H.C. SHARMA & ORS.

Citation / case number
SC 1973/60353
Court
Supreme Court of India
Petitioner
SHALIMAR TAR PRODUCTS LTD.
Respondent
H.C. SHARMA & ORS.
Author
SABYASACHI MUKHARJI
Bench
SABYASACHI MUKHARJI

Judgment text excerpt

The Supreme Court held that under Sections 14(1) proviso (b), 16(2) and (3) of the Delhi Rent Control Act, 1958, a tenant must obtain written consent from the landlord for sub-letting, and mere permission or acquiescence is insufficient. The Court emphasized that the consent must be specific and in writing to avoid litigation. The appeal was dismissed, affirming that there was no waiver of the statutory right and that sub-letting requires parting of legal possession, which was not established in this case.

SHALIMAR TAR PRODUCTS LTD. vs H.C. SHARMA & ORS. · Niyam