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Abdullah vs I.Augustin on 29 January, 2021 cites

Helper Girdhiarbhai vs Saiyed Mohmad Mirasaheb Kadri And ... on 6 May, 1987

In Helper Girdharbhai Vs. Saiyed Mohmad Mirasaheb Kadri & Ors. (1987) 3 SCR 289, the tenant had entered into a partnership and the firm was carrying on business in the tenancy premises. This Court held that if there was a partnership firm of which the appellant was a partner as a tenant, the same would not amount to sub-letting leading to forfeiture of the tenancy; for there cannot be a sub-letting unless the lessee parted with the legal possession. The mere fact that another person is allowed to use the premises while the lessee retains the legal possession is not enough to create a sub-lease. Thus, the thrust is, as laid down by this Court, on finding out who is in legal possession of the premises. So long as the legal possession remains with the tenant the mere factum of the tenant having entered into partnership for the purpose of carrying on the business in the tenancy premises would not amount to sub- letting.
Supreme Court of India Cites 27 - Cited by 136 - S Mukharji - Full Document

Krishnawati vs Hans Raj on 29 November, 1973

In Krishnawati Vs. Hans Raj, (1974) 2 SCR 524, reiterating the view taken in Associated Hotels of India Ltd. Delhi Vs. S.B. Sardar Ranjit Singh, (1968) 2 SCR 548, this Court so noted the settled law ___ "the onus of proving sub-letting is on the landlord. If the landlord prima facie shows that the occupant, who was in exclusive possession of the premises, let out for valuable consideration, it would then be for the tenant to rebut the evidence". Thus, in the case of sub-letting, the onus lying on the landlord would stand discharged by adducing prima facie proof of the fact that the alleged sub-tenant was in exclusive possession of the premises or, to borrow the language of Section 105 of the Transfer of Property Act, was holding right to enjoy such property. A presumption of sub-letting may then be raised and would amount to proof unless rebutted. In the context of the premises having been sub-let or parted with possession by the tenant by adopting the device of entering into partnership, it would suffice for us to notice three decisions of this Court.
Supreme Court of India Cites 9 - Cited by 76 - D G Palekar - Full Document

Parvinder Singh vs Renu Gautam & Ors on 22 April, 2004

In Parvinder Singh Vs. Renu 16/20 https://www.mhc.tn.gov.in/judis/ CRP.NPD.Nos.1203 & 2909 of 2014 Gautam & Ors., (2004) 4 SCC 794, a three-Judges Bench of this Court devised the test in these terms ___ "if the tenant is actively associated with the partnership business and retains the use and control over the tenancy premises with him, maybe along with the partners, the tenant may not be said to have parted with possession. However, if the user and control of the tenancy 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, 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."
Supreme Court of India Cites 10 - Cited by 86 - R C Lahoti - Full Document
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