New Delhi, October 30: The Supreme Court has held that a tenant can be evicted if he or she sublets the premises to another person without the consent of the landlord.
A bench of Justices Tarun Chatterjee and R M Lodha said the tenant may carry out a partnership business but the same cannot be a camaflouge to conceal the illegal act of subletting.
“Inducting a partner or partners in the business or profession by a tenant by itself does not amount to subletting. However, if the purpose of such partnership is ostensible and a deed of partnership is drawn to conceal the real transaction of sub-letting, the court may tear the veil of partnership to find out the real nature of transaction entered into by the tenant,” the bench said.
–Agencies