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.