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Sharathkumar Narayan Shetty vs Nitin Bhagwandas Shroff And Others on 4 August, 2022 cites

Dipak Banerjee vs Smt. Lilabati Chakraborty on 30 July, 1987

8] Mr. Hegde, learned Counsel for the Applicant would strenuously urge that the Appellate Court has committed an error in reversing the judgment of the Small Causes Court, particularly on the issue pertaining to business conduct agreement entered into between Applicant/Defendant No.1 and Defendant No.3. He has relied on documents produced by the Applicant viz medical papers, electricity bills, licenses issued by various public authorities and the photographs. According to him, merely because Defendant No.3 was permitted to run and manage business for Defendant No.1 i.e. 4/13 24 CRA-371-2022.doc Applicant, it cannot be said that sub-tenancy was created in favour of Defendant No.3 as neither permanently possession was parted nor compensation or rent is received from Defenant No.3. According to him, business conduct agreement was only to overcome difficulty faced by the Applicant because of his domestic and health issues. So as to substantitate his contentions, he has relied on the judgment of this Court in the matter of Dipak Banerjee vs Smt. Lilabati Chakraborty reported in 1987 (2) R.C.J. 644 so also in the matter of Bhairulal Balmukund Verma vs. Poonamchand Kasturchand Sancheti & Anr., reported in 1997 Bom. R.C. 270.
Supreme Court of India Cites 19 - Cited by 109 - S Mukharji - Full Document

M/S Bharat Sales Ltd vs Life Insurance Corporation Of India on 5 February, 1998

15] As such, agreement and telephone connections has prompted the Appellate Court to believe that Defendant No.3 is in possession of the suit premises. As such, act of the Applicant tenant that of giving possession of the tenanted accommodation to Defendant No.3, keeping the Plaintiffs in dark has rightly prompted the Appellate Court to form an opinion that the Applicant in clandestine manner transferred possession to Defendant No.3 who is a stranger to Plaintiffs/non-applicant Nos. 1 to 7. As such, Appellate Court has rightly formed an opinion of subletting of the property. Appellate 11/13 24 CRA-371-2022.doc Court has drawn support from the judgment of the Apex Court in the matter of Bharat Sales Ltd. vs. Life Insurance Corporation of India reported in [1998] 3 SCC 1. Agreement entered into between Applicant and Defendant No.3 by no stretch of imagination can be termed as permissive possession and not subletting. Possession handed over by the Applicant is in lieu of not only deposit of Rs 5 lakhs but also for monthly rent in the form of royalty.
Supreme Court of India Cites 8 - Cited by 235 - S S Ahmad - Full Document

Celina Coelho Pereira & Ors vs Ulhas Mahabaleshwar Kholkar & Ors on 30 October, 2009

16] P.W. 1 / Plaintiff No.2 in my opinion has discharged burden of demonstrating sub-tenancy based on aforesaid documents. Once the Plaintiffs have discharged the burden, then same shift on the Applicant who is duty bound to prove that parting of possession to Defendant No.3 was permissive i.e. within four corners of law. Rather parting of possession was without consent of the landlord and in lieu of fixed royalty to be received by Applicant. As such, support drawn by Mr. Hegde from the aforesaid two judgments of this Court in the matter of Dipak Banerjee and Bhairulal Balmukund Verma cited supra will be hardly of any assistance. Apart from above, Apex Court in its judgment in the matter of Celina Coelho Pereira (Ms) and Others vs. Ulhas Mahabaleshwar Kholkar and others reported in (2010) 1 SCC 217 has already held that if a party hands over possession of tenanted premises without consent of the landlord or keeping the landlord in dark in lieu of the compensation, the issue of subletting can be inferred. Applicant through his evidence in defense has not brought anything to the contrary on record. Rather from the above discussion Non-applicant/landlord has established the case of 12/13 24 CRA-371-2022.doc subtenancy.
Supreme Court of India Cites 27 - Cited by 202 - R M Lodha - Full Document

Bhairulal Balmukund Verma vs Poonamchand Kasturchand Sancheti And ... on 25 April, 1995

8] Mr. Hegde, learned Counsel for the Applicant would strenuously urge that the Appellate Court has committed an error in reversing the judgment of the Small Causes Court, particularly on the issue pertaining to business conduct agreement entered into between Applicant/Defendant No.1 and Defendant No.3. He has relied on documents produced by the Applicant viz medical papers, electricity bills, licenses issued by various public authorities and the photographs. According to him, merely because Defendant No.3 was permitted to run and manage business for Defendant No.1 i.e. 4/13 24 CRA-371-2022.doc Applicant, it cannot be said that sub-tenancy was created in favour of Defendant No.3 as neither permanently possession was parted nor compensation or rent is received from Defenant No.3. According to him, business conduct agreement was only to overcome difficulty faced by the Applicant because of his domestic and health issues. So as to substantitate his contentions, he has relied on the judgment of this Court in the matter of Dipak Banerjee vs Smt. Lilabati Chakraborty reported in 1987 (2) R.C.J. 644 so also in the matter of Bhairulal Balmukund Verma vs. Poonamchand Kasturchand Sancheti & Anr., reported in 1997 Bom. R.C. 270.
Bombay High Court Cites 7 - Cited by 5 - R M Lodha - Full Document
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