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Aftab Imtiyaz Delhiwala (Audit Assistant)     24 August 2012

Eviction of a tenant

I have a tenant say Mr X under Rent Act. He asked for my permission to sub let the property to Mr X and Mr Y partnership firm. I permitted him to sub let the property to his partnership firm (ie Mr X and Mr Y partnership firm)

Now after i gave him the permission to sub let the property to his partnership firm, he changed the business activities of his partnership firm and added a new activity in partnership deed (Supplementary Deed) that the partnership firm can do business of taking as well as giving property on rent. After this change in business activity, he gave my property on rent to a Bank without asking for my permission.

Diagram: 1)  Me -> Mr X,                   2)   Mr X -> X & Y Partnership Firm  (with my permission) and 

                  3) X & Y Partnership Firm -> Bank (without my permission).

Now as per Rent Act, the tenant cannot sub let the property without permission of the Landlord. and if the tenant gives without approval/permission of Landlord, the tenant can be evicted from the property

I agree that i gave him the permission to sub let the property to his partnership firm but i didnt gave him the permission to further sub let the property.

So my query is whether the tenant can be evicted from the property under the above circustamces ??

Also i want to ask whether a clause in partnership deed as per Partnership Act can override the whole Rent Act ???

My email id: aftab_id@yahoo.co.in, Contact no: 09898230405, Place: Ahmedabad, Gujarat.


 1 Replies

H. S. Thukral (Lawyer)     24 August 2012

You can successfully file eviction petition. 

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