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august 2004

Supreme Court of India · 2004-08-27

M/S K. Ganesh Shet vs Sri A.K.Jayarama Sheka & Ors

Citation / case number
AIR 2004 SUPREME COURT 4876
Court
Supreme Court of India
Petitioner
M/S K. Ganesh Shet
Respondent
Sri A.K.Jayarama Sheka & Ors
Author
R.C. Lahoti
Bench
Chief Justice, G.P. Mathur, C.K. Thakker

Judgment text excerpt

The Supreme Court held that the High Court erred in denying eviction of sub-tenants despite their illegal induction, citing Section 21(1)(f) of the Karnataka Rent Control Act, 1961. The Court overruled the precedent set in A.S. Sulochana Vs. C. Dharmalingam, establishing that the death of the original tenant does not grant immunity to sub-tenants from eviction for illegal sub-letting. The Court restored the District Judge's order for eviction, allowing the landlord's appeal and suspending the decree for four months to allow compliance with procedural requirements.

M/S K. Ganesh Shet vs Sri A.K.Jayarama Sheka & Ors · Niyam