Document Fragment View

Matching Fragments

34) Thus, under Section 15 of the Bombay Rent Act, it is not lawful for a tenant to sublet whole or any part of the premises let to him or to assign or transfer his interest therein and after 1 February 1973, not to give license in respect thereof. However, sub-section (1) of Section 15 begins with the words 'Notwithstanding anything contained in any law, but subject to any contract to the contrary ... '. It appears that the words 'but subject to any contract to the contrary ' are inserted by the Amendment Act of 1959. Therefore, the fetter on subletting of premises or assignment /transfer of interest in tenancy or license is not applicable where there is a contract to the contrary. Additionally, Proviso to Section 15(1) excludes leases or class of leases as the State Government may specify in the notification published in the Official Gazette. Thus, the prohibition on subletting does not apply either where there is contract to the contrary or where a lease is included by the notification issued by the State Government. For this case, the issue of inclusion of lease in the Notification issued 12 November 2024 Neeta Sawant CRA-120-2023-CRA-215-2023-FC by the State Government is not relevant and what is relevant is existence of contract to the contrary.

35) It is the case of Revision Applicants that there is a contract to the contrary within the meaning of Section 15(1) of the Bombay Rent Act, which makes the prohibition on subletting as well as on assignment /transfer of tenancy right or licensing under Section 15 or landlord's entitlement to seek eviction under Section 13(1)(e) of the Bombay Rent Act inapplicable in the present case.

36) Having broadly set out the statutory scheme relating to the ground of subletting for recovery of possession by the landlord under the Bombay Rent Act, it is time to consider the covenants of Deed of Lease dated 2 July 1975. By the said Deed of Lease, leasehold rights in respect of the suit premises were granted by Plaintiff in favour of Defendant No.1 for 60 years on payment of rent of Rs.4,488/-. Clause 2 of the Lease Deed contains rights and obligations applicable to the lessee. Clause 2(i) of the Lease Deed provides thus:-