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Client runs a tailoring shop in a rented unit. The landlord has filed for eviction, alleging sub-letting, because the client’s nephew helps at the counter. The client keeps the keys and runs the shop.
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Chambers memo · Position
Tailoring shop · alleged sub-letting
Memorandum of advice
A sub-letting arises only when the tenant inducts a stranger, parts with possession and puts that stranger in exclusive possession of the premises ✓ Nirmal Kanta v. Ashok Kumar · extract 13. A family member helping at the counter, while the client keeps control of the shop, does not on those words amount to parting with possession.
The judgment’s own words · extract 13
“…a sub-tenancy or a sub-letting comes into existence when the tenant inducts a third party/stranger to the landlord into the tenanted accommodation and parts with possession thereof wholly or in part in favour of such third party and puts him in exclusive possession thereof.”
Nirmal Kanta (Dead) through LRs. v. Ashok Kumar & Anr. · [2008] 5 S.C.R. 588 · 28 March 2008
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