House Rates Control Act, 1947, Section 13(1)(e) -Sub-letting To prove sub-tenancy two essential conditions are to be satisfied: i. That sub ... Civil Procedure Code, Section 100-Sub-letting-Finding of fact-Pleading that premises was sub-let-Detail of sub-letting if any can be supplemented
Dass or sub-tenant has to be decided. The main
reliance of the Appellate Authority to reach at conclusion of sub-tenancy in
favour ... sub-tenants and as such the initial onus is upon the
landlord to prove that there is a sub-tenancy. The landlord has failed
holding that there respondent landlord had failed to prove the alleged sub-tenancy. The said conclusion was arrived at on the ground that ... file the ejectment application inspite of having the knowledge of sub-tenancy. The second ground of non-payment of rent was held
secret arrangement between a tenant and a sub-tenant. Only by inferences the sub-tenancy of a person can be established and in the present ... tenant has sub-let a portion in favour of his son because in order to succeed on the ground of sub-tenancy, the landlord
only to one conclusion that there had been no case of sub-
tenancy. As a point at the fore-front, the learned Senior Counsel would ... sub-tenancy has been created before the
commencement of the Act. We are considering the situation of a
tenancy and the sub-tenancy as having
tenant
but it was contended by the tenant that sub-tenancy had been created
even prior to the extension of the ground for eviction ... enactment for Chandigarh Administration. The specific averment in
the petition regarding sub-tenancy is contained in paragraph 4 (ii) that
the first respondent
that case, the contention by the sub-tenant
was that the sub-tenancy had been granted even on 16.10.1947 and the
sub-tenancy having commenced ... permissible to protect one sub-tenant and eject another
sub-tenant. This reasoning contained an inherent flaw that the sub-
tenancy in favour of respondent
number of years of acquiring the knowledge about the creation of sub tenancy, which indicates that the petition has been filed mala fide, indicating ... procure ejectment of the alleged sub tenants on the ground of sub-letting. The allegation of creation of sub tenancy is not accepted
tenancy in favour of
the second respondent and that the alleged sub tenancy was not true.
Even in the absence of specific averment regarding ... worst, even a statement by the
so-called sub tenant that there was a sub tenancy could not bind the
tenant for the burden
years, even after acquiring the knowledge of the alleged sub-tenancy and on that account an adverse inference be raised against the landlord ... come to show that the land lord knew about the alleged sub-tenancy and had also accepted rent. The question, which is to decided
