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september 2001

Supreme Court of India · 2001-09-25

Biswanath Poddar vs Archana Poddar & Anr

Citation / case number
AIR 2001 SUPREME COURT 2849
Court
Supreme Court of India
Petitioner
Biswanath Poddar
Respondent
Archana Poddar & Anr
Bench
N. Santosh Hegde, S.N. Variava

Judgment text excerpt

The Supreme Court held that under the West Bengal Premises Tenancy Act, 1956, a sub-tenant cannot claim rights without the landlord's consent and proper notification. The Court found that the second respondent, M/s. Paspur Travels Pvt. Ltd., was not a party to the original ejectment suit and had failed to comply with Section 16 of the Act, which precluded it from asserting any lawful rights. The High Court's remand for consideration of fraud and collusion was deemed inappropriate as the executing court had already determined the lack of consent for sub-letting, leading to the dismissal of the appeal.

Biswanath Poddar vs Archana Poddar & Anr · Niyam