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3) Respondent No. 1 has taken the plea that Respondents No. 2 to 6 are using different portions of the suit property as licensee, well within the knowledge of the Petitioner/ Landlord for the last over 12 years from today. The legal possession of the suit property continues to exclusively vest with it and the Petitioner has deliberately not filed the Lease Deed dated 27.03.1944 as the said Lease Deed had conferred upon it a right to sublet or part with the possession of the tenanted premises or any part thereof. Respondents No. 2 to 6 are using different portions in the suit property well within the knowledge of the Petitioner/ Landlord and Petitioner has been unequivocally accepting the rent from the Respondents without any demur and objections. Clause 4 (a) of the Lease Deed dated 27.03.1944 confers tenant to sublet or part with the possession of any part thereof. There is no subletting, assignment of tenancy rights or parting with the tenanted premises or any part there of by it in favour of the Respondents No 2 to 6. Respondents No. 2 to 6 are paying license fees by way of compensation for using the portion of the property and mere description of such compensation is of no consequence.

RCT No. 04/2022 M/s Gobind Parshad Jagdish Parshad Vs. Canara Bank & Ors. Page 16 of 39
(3) After the commencement of this Act, no tenant shall, without the previous consent in writing of the landlord,-
(a) Sub-let the whole or any part of the premises held by him as a tenant; or
(b) transfer or assign his rights in the tenancy or in any part thereof.
(4) No landlord shall claim or receive the payment of any sum as premium or pugree or claim or receive any consideration whatsoever in cash or in kind for giving his consent to the sub-letting of the whole or any part of the premises held be the tenant.