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b) That the tenant has either: Sub-let the premises, or Assigned his
tenancy rights, or Otherwise parted with possession of the whole
or part of the premises. These are three distinct but overlapping
concepts: Sub-letting: creation of a derivative tenancy where the
tenant gives possession to another in lieu of monetary
consideration (rent or benefit).Assignment: transfer of the
tenant's entire interest in favour of another person. Parting with
possession: handing over possession, even temporarily, without
the landlord's consent, where the tenant completely divests
control of the premises.
a) Existence of a landlord-tenant relationship: The petitioner in
the present case is able to prove that Lt. Sh. Devki Nandan
was the actual tenant and respondent no.1 to 3 being the Lrs
of Devki Nandan were the tenants. As already discussed
above, respondent no.4 is not able to prove that he is the
tenant of the petitioner.
b) That the tenant has either: Sub-let the premises, or Assigned
his tenancy rights, or Otherwise parted with possession of
the whole or part of the premises. These are three distinct
but overlapping concepts: Sub-letting: creation of a
Dated 24.11.2025
Mohd. Saeed Khan v. Jeevan Lata Sharma anr. Pg no.21/28
NIHARIKA KUMAR
KUMAR SHARMA
SHARMA Date: