Prohibition of sub-letting.--(1) No tenant shall sub-let the whole of the building under his tenancy.
(2) The tenant may, with the permission ... would result in rejection of all allegation of sub-letting. Similarly, payment of rent for sub-tenancy or consideration for sub-tenancy is another integral
sub-tenant must be found to be in
control and possession of the suit/tenanted premises or that there must exist
a sub-tenancy ... creating tenancy in the name of the
respondent no.2-company because under the Delhi Rent Control Act, 1958 ,
tenancy is an illegal sub-tenancy
contended that the landlord was
intimated about the creation of such sub-tenancy by him as per
the provision contained in Section ... landlord with notice about creation of
such sub-tenancy by her. He, thus, submits that the said
Khurshed Hussain being not a notified subtenant
legislation, summarized the legal position relating to
issue of sub-letting or creation of sub-tenancy. The two aspects
which are of relevance ... this defendant is occupying the suit
premises as a lawful sub-tenant, sub tenancy having been created in
favour of this Defendant with the knowledge
sub-tenants of respondent no.1, then also,
being lawful sub-tenants no eviction can be sought against such
sub-tenants. However, respondents have ... prove that they are the lawful sub-
tenants of respondent no.1. If a sub-tenancy is created without the
written consent of the landlord
legislation, summarized the legal position relating to
issue of sub-letting or creation of sub-tenancy. The two aspects
which are of relevance ... this defendant is occupying the suit
premises as a lawful sub-tenant, sub tenancy having been created in
favour of this Defendant with the knowledge
June, 1998, incorporating therein
various conditions including prohibition against
creation of sub-tenancy by the tenant. It was not that
Exh.109 agreement brought about ... sub-letting has repeatedly
fallen for the consideration of this Court
in various cases and it is now well-
established that a sub-tenancy
Kanta Vs Ashok
Kumar [(2008) 7 SCC 722] the ingredient of sub-
tenancy came to be explained by the Supreme Court in
the following words ... premises
were sub-let." (para 19)
8. The findings concurrently recorded by both
the Courts below about creation of sub-tenancy on the
basis
cross examination, making out a case of subletting
or parting with possession in tenancy premises by the tenant
in favour of a third person ... ground, most common in all the
legislations, is sub letting or parting with possession of the
tenancy premises by the tenant. Rent control laws usually
that respondent no. 1 has vacated the tenanted premises after creating
sub tenancy in favour of respondent no. 2. The petitioner claims to
have knowledge ... give outward
appearance of partnership while in fact it is a sub tenancy or parting
with possession. In the context of the premises having been
