sub-tenant) was in occupation of the building openly, long before the petitioners herein became the owners of the building, and since sub-tenancy ... obtained after sub-letting will not ensure for the benefit of the tenant. However, Sub-section (3) of Section 16 prohibits sub-letting
written consent to the tenant to sub-let. Admittedly, there is nothing in writing relating to sub-tenancy. The agreement between the owner ... Court observed that mere occupation by alleged sub-tenant is not sufficient to infer either sub-tenancy or parting with possession of rented premisess
Rent Controller failed to apply the law relating to sub-tenancy. No one could precisely with mathematical precision establish the sub-tenancy as the chief ... sub-tenant to the chief tenant.
(ii) The appellate authority wrongly understood the law as though if at all sub-tenancy has to be established
sub-tenant as a cultivating tenant. Therefore, the question of the
sub-tenant being a cultivating tenant or not either by sub-tenancy or otherwise ... tenancy agreement. Further, the said provision also
provides for sub-letting/sub-tenancy by the lessor of the land from the original
land owner, provided
sub-tenant as a cultivating tenant. Therefore, the question of the
sub-tenant being a cultivating tenant or not either by sub-tenancy or otherwise ... tenancy agreement. Further, the said provision also
provides for sub-letting/sub-tenancy by the lessor of the land from the original
land owner, provided
concealed arrangement
between the main tenant and the sub tenant. Direct evidence to prove sub-
tenancy is difficult. Sub-tenancy could be proved by inference ... main tenant and the sub-tenant and it will be within their
special knowledge, unless the sub-tenancy is consented to by the landlord
proof of any consent by the lessor for the sub tenancy and hence the conclusions of the appellate Court as regards the applicability ... under any right of tenancy" should naturally include direct or indirect right of tenancy. A sub-lease which is authorised by the lessor either
tenancy in Dipak Banerjee v. Smt. Lilabati Chakroborty , , the Apex Court has held as follows:-
"But in order to prove tenancy or sub-tenancy ... amount to receipt of rent under the Rent Act to create sub-tenancy. This frustrates and defeats the purpose of the Rent
time or by forfeiture or by operation of law the sub-tenancy also ceases to exist.
32. Similar view would have been taken by this ... superior landlord. The termination of the chief-tenancy by the landlord would make the sub-tenant also a trespasser. Cessation or eviction order against
tenancy was a tenancy of the land or of the building. It may be taken that the tenancy which was originally created was a tenancy ... sub-tenants of Kasim Sahib, but his lease of the properties terminated in 1925, and with the termination the respondents' sub-tenancy came
