Supreme Court of India · 2009-04-21
DULAL CHOUDHARY vs HIRAK ROY CHOWDHURY .
- Citation / case number
- SC 2001/21667
- Court
- Supreme Court of India
- Petitioner
- DULAL CHOUDHARY
- Respondent
- HIRAK ROY CHOWDHURY .
Judgment text excerpt
The Supreme Court addressed the issue of sub-letting under the West Bengal Premises Tenancy Act, holding that a tenant cannot be penalized for the sub-letting actions of their spouse. The Court found that the High Court erred in dismissing the eviction suit on the grounds of abatement due to delay in bringing legal representatives on record, emphasizing that the application was filed within the permissible time frame. The Court ultimately reversed the High Court's decision, reinstating the trial court's decree for eviction based on sub-letting.