Legal Question in Landlord & Tenant Law in India
I need case laws for Tenant eviction on the grounds of subletting -
Is it necessary to have at least 1 original partner to sustain the tenancy ?
( tenant was a partnership firm and all the 3 original partners died. The current partners are not legal hiers. please suggest case laws)
1 Answer from Attorneys
31.05.2013
Dear Sir / Madam,
If the tenancy rights are in the name of the partnership firm and it continues to exist, it is not deemed to be subletting and you cannot seek eviction proceedings on the premise that the original three partners are dead. It hardly matters whether the current partners are legal heirs of the original deceased partners, if the tenancy itself is in the name of the firm.
But if the tenancy is in the name of an individual partner who is deceased, and somebody else other than the legal heir is in occupation of the premises, it tantamounts to illegal subletting without the landlord's permission and you can seek immediate eviction on that ground.
Regards,
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