submitted that the sub-tenant, namely, Vijay Ram had initially filed
written statement before the learned trial court admitting such sub-
tenancy, which however ... sub-tenant, Vijay Ram and payment of rent was made by the sub-
tenant to the chief-tenant, the inference about the sub-tenancy/sub
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
about October, 2004 the
defendant No.1 has entered into a sub-tenancy agreement with
defendant No.2 and even though the agreement between defendant ... that whether the document is a
Consignment Sales Agreement or a sub-tenancy cannot be determined
on the basis of the label of the agreement
revision is at the instance of the sub-tenant who
claimed that the sub-tenancy was recognized by the landlord.
It is an admitted case ... taken any action for about 7½ years after
the sub-tenancy which itself was a proof of the fact that the
tenant had been allowed
premises to the sub tenant. The subletting of what becomes
actionable under the Act is not merely the creation of sub tenancy with
reference ... sub tenant to show that he
was residing elsewhere ought not to be understood as proving that there
had been actually a sub tenancy
Both the courts below failed to note that there was no sub-tenancy that emerged between Munusamy and the revision petitioner. The Doctor ... There is not even a plea to the effect such sub-tenancy was consented to or connived at by the landlord
authorized sub-tenant, the courts below ought not to have taken the plea that the sub-tenancy was an authorized one and therefore ... clause permitting sub-lease. As stated supra, it is not the case of the respondent that under the lease deed, sub-tenancy is permitted
plaintiff
landlord failed to state that wherefrom and whenfrom the alleged sub-tenancy started.
He further submits that there is also no iota of evidence ... between the tenant and the sub-tenant.
8
There is no denial that the initial onus to prove sub-tenancy was on the
landlord
order dated 3rd June, 2008 contended that the plea of
sub-tenancy has been expressly rejected by a learned single Judge of this ... petitioner has failed to
produce any evidence to show that such sub-tenancy was granted in favour
of the petitioner by the opposite party
under the original agreement
of tenancy and the sub-lessee had given notice of the sub-tenancy to
the landlord. There is no case ... failed to
establish that she is a sub-tenant or that the alleged sub-tenancy was
created with the knowledge and consent of the landlord
