Asokan v. Palanivelu – sllr 1981 volume 1 page 464

In the case between the widow of the late Thambiah Palanivelu (Plaintiff) and the individual who managed Palanivelu’s eating-house business (Defendant), the court addressed whether the Defendant was a genuine manager under agreements X2 and X3, or a subtenant seeking to circumvent the Rent Act’s provisions. It was held that the Plaintiff retained lawful tenancy and business occupation under Section 36(2)(c)(i) of the Rent Act after Palanivelu’s death, and the Defendant was acting purely as a manager, not a subtenant. The findings established that the agreements were valid management arrangements and that the Defendant’s claim of sub-tenancy was not supported by evidence, especially given evidence of collusion with the landlord to deny the Plaintiff’s rights. The principle reaffirmed was th