APEX COURT DIGEST - Jan.2017 [6]

Delhi Rent control Act sec.14 - Rent Control Case - Eviction Petition - The landlord sought the eviction of the tenant  on  the  ground  that the tenant had sub-let the premises to his son-in-law  in  contravention  of
Section 14 of the Delhi Rent Control Act, 1958 (hereinafter referred  to  as‘the Act’). - whether  he was doing business along with his father-in-law or independent of him,  i.e.
whether  he  was  doing  business  exclusively  behind  the  façade   of   a partnership or as a genuine partner.  It is an  uncontroverted  fact  before us that the landlord’s permission in writing was  not  obtained  before  the tenant had allowed the alleged sub-tenant to occupy the shop - the Rent Controller clearly found that the son-in-law had been put  in possession of the shop in pursuance of a sham partnership deed and  was  not merely assisting in the shop as a son-in-law.- The High  Court held that the respondent-tenant, Hakim Rai had not sub-let the  premises  to his  son-in-law,  Raj  Kumar  in  pursuance  of  a  partnership  deed  dated 20.05.1983 entered into between them.- Apex court held that  we  find  that  a significant fact which has not been  controverted  by  the  respondents  has been completely overlooked in the proceedings of the courts below.That fact is that no consent in  writing  was  obtained  from  the  landlord before the so called partnership was entered into  between  the  tenant  and the sub-tenant,  and  before  the  sub-tenant  was  allowed  to  occupy  the premises.- We accordingly, set aside the order of the High Court  and  direct  that
the respondents shall be evicted.

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