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Occupation Of Rented Premises By Tenant’s Son-In-Law Amounts To Subletting

The Supreme Court in Munshi Lal vs. Smt. Santosh, has observed that if a tenant enters into a partnership agreement with his son-in-law and allows him to occupy the tenanted premises, without obtaining the consent of the landlord, it cannot be said that there is no parting of possession.

“In this case, the relationship is not like that of a spouse being allowed to carry out a business in the same house. The relationship is of a son-in-law and father-in-law who had entered into a partnership agreement,” a bench comprising Justice SA Bobde and Justice L Nageswara Rao said.

The court, referring to provisions of the Delhi Rent Control Act, also observed that the consent of land lord is required in either case, whether a person has been inducted genuinely as a partner and, therefore, allowed to occupy the premises or whether the partnership is a ruse.

Article referred: http://www.livelaw.in/occupation-rented-premises-tenants-son-law-amounts-subletting-sc/

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