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1 - 4 of 4 (0.31 seconds)Section 14 in The Delhi Rent Act, 1995 [Entire Act]
Hazari Lal And Ors. vs Giasi Ram And Ors. on 30 March, 1971
31. Clause (b) of the proviso to Section 14(1) uses three expressions namely 'sublet', 'assign' and 'otherwise parted with the possession of the whole or any part of the premises without obtaining the consent in writing of the landlord'. These three expressions deal with different concepts and apply to different circumstances. In subletting there exists the relationship of landlord and tenant as between the tenant and his sub-tenant and all the incidents of letting or tenancy have to be found, namely the transfer of an interest in the estate payment of rent, and the right to possession as against the tenant in respect of the Premises sublet. In assignment the tenant has to divest himself of all the rights that he has as a tenant. The expression "parted with possession" undoubtedly postulates parting with possession session means giving possession to persons other than those to whom possession has been given by lease and "parting with possession" must have been by the tenant. The mere user by other persons is no parting with Possession so long as the tenant retains the legal possession himself or in other words there must be vesting of possession by the tenant in another person by divesting himself not only of physical possession but also of the right to possession. The divestment or abandonment of the right to possession is necessary in order to invoke the clause of parting with possession: See Hazari Lal v. Gian Ram. 1972 Ren Cr 74 (Delhi).
The Code of Civil Procedure, 1908
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