Supreme Court of India · 2009-08-21
M/S.TOPPER BUILDERS & CONSTRUCTION P.LTD vs MD. ISRAIL .
- Citation / case number
- SC 2006/29181
- Court
- Supreme Court of India
- Petitioner
- M/S.TOPPER BUILDERS & CONSTRUCTION P.LTD
- Respondent
- MD. ISRAIL .
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 was deemed legally untenable, as no evidence was presented to show that written consent was obtained. Consequently, the Supreme Court restored the trial court's decree for eviction, allowing the appeal and setting aside the High Court's order.