SMT. SYED SUGARA ZAIDI versus LAEEQ AHMAD (DEAD) THROUGH LRS. & ORS.

Citation: [2017] 14 S.C.R. 437 · Decided: 06-12-2017 · Supreme Court of India · Bench: KURIAN JOSEPH · Disposal: Case Allowed

Judgment (excerpt)

[2017] 14 S.C.R. 437 
SMT. SYED SUGARA ZAIDI 
v. 
LAEEQ AHMAD (DEAD) THROUGH LRS. & ORS. 
(Civil Appeal No. 20915 of2017) 
A 
DECEMBER06,2017 
B 
[KURIAN JOSEPH AND R. BANUMATHl, JJ.} 
Rent Control and Eviction: 
Uttar Pradesh Urban Buildings (Regulation of Letting. Rent 
and Eviction) Act. 1972 - Non-renewal of rent agreement - Effect-
C 
Appellant-landlord filed a suit for eviction of respondents-tenants 
after expiration of the original term of lease - Appellant pleaded 
that respondent defaulted regularly in payment of rent and house 
tax and after expiration of lease respondent failed to get any fresh 
deed executed, therefore their continuance in possession had D 
become illegal after service of legal notice for eviction - Held: 
After. lapse of lease period, if lessee continues in possession of the 
demised premises in absence of an assent by lessor, then he is a 
tenant by sufferance and exposes himself to be sued for ejectment 
at any time without any prior notice or demand ofpossession - The 
term in the lease agreement for renewal of lease does not ipso facto 
E 
extend the tenure or term of lease - Jn absence of renewal of rent 
agreement. the possession of respondents-tenants in the demised 
premises has become unlawful and thus, he is liable to be evicted. 
Uttar Pradesh Urban Buildings (Regulation of Letting, Rent 
and Eviction) Act, 1972 - Transfer of tenancy in violation of terms 
F 
of rent agreement - Appellant-landlord filed a suit for eviction of 
respondents-tenants after expiration of the original term of lease -
Appellant pleaded that respondent constructed shops in the suit 
premises and let out the same to the third party in violation of terms 
of rent agreement - Held: Jn the rent agreement. the parties have 
not agreed to create or transfer interest in the tenancy in favou~ of G 
third party - Though. sub-letting of the premises for commercial.· 
purpose was agreed to by the original parties, transfer of interest 
in tenancy leading to creation of third party interest in the suit 
property could not have been done in the absence of a specific 
437 
H 
438 
SUPREME COURT REPORTS 
[2017] 14 S.C.R. 
A term in the rent agreement -Thus, the respondents-tenants /i'able to 
be evicted on the ground of violation of terms of rent agreement by 
transfer of interest in tenancy to third person, respondent no.3. 
B 
Allowing the appeal, the Court 
HELD: Whether after expiry of the lease period and the 
determination of the tenancy whether the respondents-tenants 
can continue in possession of the suit property, when the lease 
was not renewed? [Para 8) 
1.1 The Appellant-landlord issued a notice to the 
respondents-tenants seeking vacant possession of the demised 
C premises on account of determination of lease due to efflux of 
time. After lapse of lease period, if a lessee continues in 
possession of the demised premises in absence of an assent by 
lessor, then he is a tenant by sufferance and exposes himself to 
be sued for ejectment at any time without any prior notice or 
D demand of possession. [Para 12)(443-E-F] 
1.2 The term in the lease agreement for renewal of lease 
deed does not ipso facto extend the tenure or term of the lease. 
So far as the clause for renewal in the lease deed is concerned, it 
was held in the ease ofDelhi Development Authority v. Durga Chand 
E Kaushish that such covenant only entitled a lessee to obtain a 
fresh lease in accordance with and in due satisfaction of the law 
governing the making of leases. In the absence of renewal of 
rent agreement, the possession of the respondents-tenants in 
the demised premises has become unlawful and they are liable to 
be evicted. [Para 13)(443-F-G] 
F 
2. Another ground for eviction is construction of shops in 
the suit premises by the tenants and sub-letting the same in 
violation of terms of rent agreement. Though, there is a clause 
' 
in the rent agreement enabling the tenants to put up construction, 
there is no clause in the lease agreement permitting the tenants 
G to transfer his interest of tenancy to third party. It is the case of 
H 
. the appellant that in violation of the rent agreement, one of the 
original tenants, transferred his interest of tenancy in favour of 
third respondent. The appellant-landlord specifically denied that 
such transfer of interest in the tenancy was with the consent of 
the original landlord. On the other hand, the respondents-tenants 
SMT. SYED SUGARA ZAIDI v. LAEEQ AHMAD (DEAD) 
439 
THRO

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