Eviction of tenant for parting with possession without consent of landlord

Tilak Marg Forum for Legal Questions Forums Property Law Eviction of tenant for parting with possession without consent of landlord

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This topic contains 1 reply, has 2 voices, and was last updated by Dr. Ashok Dhamija Dr. Ashok Dhamija 7 months, 2 weeks ago.

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  • #4115


    Sir, I want to know what is the legal position in Delhi. Can a landlord be entitled to seek eviction of the tenant on the ground of parting with possession without his consent, i.e., without consent of landlord?

  • #4116

    Recently, a similar issue has been decided by the Supreme Court in the recent case of Bhairon Sahai v. Bishamber Dayal, (2017) 8 SCC 492 : AIR 2017 SC 3353. The Supreme Court referred to Section 14(1)(b) of the Delhi Rent Control Act, 1958, which provides that a tenant is liable for eviction if he sublets, assigns or otherwise parts with the possession of the premises without the consent of the landlord.

    The Supreme Court also relied on its earlier decision in the case of Munshi Lal v. Santosh, (2017) 12 SCC 721, wherein it was held that the combined reading of clause (b) of the proviso to Section 14(1) read with Section 14(4) [of Delhi Rent Control Act] makes it clear that before a tenant can sublet, assign or part with the possession of any part of the premises or the whole, it must be preceded by the consent in writing from the landlord. In other words, the requirement of obtaining the consent in writing of the landlord is retained as a pre-requisite even for the purposes of sub-section (4).

    The answer to your question is covered by these judgments of the Supreme Court. A tenant can be evicted on the ground of parting with possession of rented property without the consent of landlord.


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers.

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