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1 - 10 of 17 (0.25 seconds)Section 16 in The Delhi Rent Act, 1995 [Entire Act]
Raja Naresh Gupta vs State Of Chhattisgarh 86 Wpc/2985/2018 ... on 10 December, 2018
24. It is the claim of the petitioner that the respondent
No.1 has sub-let the tenanted shop to Sh. Saleem Ahmed. The
petitioner has relied upon the partnership deed Ex. PW 3/1. It is
not in dispute that the respondents has relied upon the said
partnership deed Ex. PW3/1 in the eviction petition No. 194/2015
titled as 'Rajan Gupta Vs Vinod Gupta & Anr'.
Section 13 in The Delhi Rent Act, 1995 [Entire Act]
Shalimar Tar Products Ltd vs H.C. Sharma & Ors on 12 November, 1987
It was held by this Court In M/s.
Shalimar Tar Products v. S.C. Sharma, [1988) 1 SCC 70; that S.
14(1) Proviso (b) and 16(2) and (3) of the Delhi Rent Control
Act, 1958 enjoin the tenant to obtain consent of the landlord in
writing to the specific sub-letting and any other interpretation
of the provisions will defeat the object of the statute and is,
therefore, impermissible, Since it is not suggested that the
consent of the respondent was obtained specifically with
reference to the sub-letting in favour of M/s. United
Automobiles, the clause in the lease deed, which has been relied
on can not save the appellant, even if it be assumed in its favour
that the clause is admissible and the sub-lessee is appellant's
associate concern. The appeal, therefore, fails and is dismissed
with costs."
The Delhi Rent Act, 1995
G.K. Bhatnagar (D) By Lrs. vs Abdul Alim on 21 March, 2002
It was held in G. K. Bhatnagar (Dead) by
LRs Vs. Abdul Alim, 2002 9 SCC 516, that if the purpose of the
partnership ostensibly to carry on business in the partnership but
the real purpose is sub-letting of the premises to such other
person who is inducted ostensibly as partner, then the same shall
RC ARC No. 566/2018 Sh. Rajan Gupta Vs. Sh. Vinod Kumar & Anr. Page No. 15 of 24
be deemed to be an act of sub-letting attracting the applicability
of clause (b) of sub section (1) of section 14 of DRC Act.
Parvinder Singh vs Renu Gautam & Ors on 22 April, 2004
It was
held in Parvinder Singh Vs. Renu Gautam & Ors., 2004 4 SCC
794, that in case of partnership by a tenant with other person if
the user and control of the tenanted premises has been parted
with and deed of partnership has been drawn up as an indirect
method of collecting the consideration for creation of sub-
tenancy or for providing a cloak or cover to conceal a transaction
not permitted by law, then the Court is not estopped from tearing
the veil of partnership and finding out the real nature of
transaction entered into between the tenant and the alleged sub-
tenant.
M/S Bharat Sales Ltd vs Life Insurance Corporation Of India on 5 February, 1998
In Bharat Sales Ltd. Vs. LIC, 1998 1
SCR 711, the Hon'ble Supreme Court has observed:
Raja Ram Goyal vs Ashok Kumar And Ors. on 29 April, 1975
That was the view of the Delhi High Court in Raja Ram Goyal v.
Ashok Kumar and others, [ 1975] All India Rent Control
Journal 534.