Similar principle was reiterated by this Court in Anil Kumar
Vs. Sita Devi and others 2007(1), Civil Court Cases, 49 and had been
reiterated by the Hon'ble Apex Court in Chaudhary Ram Vs Lila Sood
and others, 1998 (2) Rent Law Reporter, 26, and it was held that when a
third person's possession is established and the same has not been
explained, inference of subletting can easily be drawn. The relevant
observations reads thus:-
Similar principle was reiterated by this Court in Anil Kumar
Vs. Sita Devi and others 2007(1), Civil Court Cases, 49 and had been
reiterated by the Hon'ble Apex Court in Chaudhary Ram Vs Lila Sood
and others, 1998 (2) Rent Law Reporter, 26, and it was held that when a
third person's possession is established and the same has not been
explained, inference of subletting can easily be drawn. The relevant
observations reads thus:-
In a case of similar facts and circumstances Tek
Chand Vs. Keshay Dayal,1994(2),PLR 124, the Hon'ble
Punjab and Haryana High Court has held that in the case of
subletting the plea of the tenant that occupant was his brother
and running the shop in partnership with him and tenant
producing partnership deed, no accounts produced although it
was provided in the deed that accounts would be maintained,
and it was held a case of subletting.