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august 2004

Supreme Court of India · 2004-08-27

M/S.MAHENDRA SAREE EMPORIUM vs G.V.SRINIVASA MURTHY

Citation / case number
SC 1998/18328
Court
Supreme Court of India
Petitioner
M/S.MAHENDRA SAREE EMPORIUM
Respondent
G.V.SRINIVASA MURTHY
Author
R.C. Lahoti
Bench
CJI,G.P. MATHUR,C.K. THAKKER

Judgment text excerpt

The Supreme Court addressed the eviction proceedings initiated under Section 21(1)(f) of the Karnataka Rent Control Act, 1961, concerning unlawful subletting by the tenant, M/s Mahendra Saree Emporium. The Court held that the conversion of a sole proprietorship into a partnership constitutes unlawful subletting under the Act, thus validating the landlord's grounds for eviction. The judgment emphasized the applicability of the new Karnataka Rent Act, 1999, which repealed the 1961 Act but allowed pending cases to be continued under the new framework.

M/S.MAHENDRA SAREE EMPORIUM vs G.V.SRINIVASA MURTHY · Niyam