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september 2001

Supreme Court of India · 2001-09-25

BISWANATH PODDAR vs ARCHANA PODDAR

Citation / case number
SC 2000/12137
Court
Supreme Court of India
Petitioner
BISWANATH PODDAR
Respondent
ARCHANA PODDAR
Author
SANTOSH HEGDE
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, as stipulated in Section 16. The Court ruled that the executing court erred in not addressing the allegations of fraud and collusion raised by the sub-tenant, which warranted a proper examination. Consequently, the High Court's decision to remand the matter for further consideration was upheld, emphasizing the necessity of adhering to statutory requirements for tenancy rights.

BISWANATH PODDAR vs ARCHANA PODDAR · Niyam