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.