Vinod Mahabiprasad Gupta vs Saidpur Jute Co. Ltd. And Ors

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The Revision Applications were filed before the Bombay High Court challenging a judgment and order dated 12 January 2023 passed by the Appellate Bench of the Small Causes Court, Mumbai, which dismissed Appeal Nos. 396/2015 and 95/2016 and confirmed the eviction decree dated 25 June 2015 passed by the Small Causes Court in R.A.E. Suit No. 147A/306 of 1996. The suit was instituted by the Plaintiff-Saidpur Jute Co. Ltd. for recovery of possession of Godown No. 63, Sitaram Mill, Delisle Road, Mumbai, on grounds of unlawful subletting, commission of acts contrary to Section 108 of the Transfer of Property Act, and structural additions and alterations of a permanent nature without the Plaintiff's written consent.

The Plaintiff had granted a 60-year lease of 8800 sq. ft. of the suit premises to Defendant No. 1-MBK Enterprises by Agreement dated 2 July 1975. Upon finding Defendant No. 2-Mid-Day Publications Pvt. Ltd. in occupation, the Plaintiff filed the suit in 1996. Defendant No. 1 admitted subletting to associate companies (Defendant Nos. 3 to 7) who in turn licensed the premises to Defendant No. 2, while contending such subletting was permitted under the lease covenants. Defendant No. 8-Vinod Mahabirprasad Gupta was subsequently impleaded. The Small Causes Court and the Appellate Bench both found in favour of the Plaintiff, leading to the present Revision Applications before the High Court.

The High Court examined the findings of the courts below on the issues of unlawful subletting, structural alterations, and jurisdiction. The matter involved consideration of the rights and obligations of lessees under a long-term lease agreement, including the scope of permissible subletting and the applicability of Section 108 of the Transfer of Property Act to alleged acts of waste and permanent structural changes carried out without the consent of the landlord.

Catchwords: Civil revision eviction decree unlawful subletting lease sublease Section 108 Transfer of Property Act structural alterations Small Causes Court recovery of possession long-term lease associate companies landlord-tenant