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august 2009

Supreme Court of India · 2009-08-21

M/S.Topper Builders & Construction ... vs Md. Israil & Ors

Citation / case number
AIRONLINE 2009 SC 70
Court
Supreme Court of India
Petitioner
M/S.Topper Builders & Construction ...
Respondent
Md. Israil & Ors
Bench
G.S. Singhvi, B.N. Agrawal

Judgment text excerpt

The Supreme Court held that under Section 14 of the West Bengal Premises Tenancy Act, 1956, a tenant cannot sublet premises without the landlord's prior written consent. The High Court's inference of consent based on the tenant's conduct and investment in repairs was deemed legally untenable. The Court restored the trial court's decree for eviction, emphasizing that the tenant failed to provide evidence of obtaining such consent, thus allowing the appeal and setting aside the High Court's order.

M/S.Topper Builders & Construction ... vs Md. Israil & Ors · Niyam