tenant and sub-tenant an outward appearance of partnership while in effect what has come into existence is a sub-tenancy or parting with possession ... tenant and sub-tenant an outward appearance of partnership while in effect what has come into existence is a sub-tenancy or parting with possession
sub-lessee. This may act harshly on the sub-lessee, but this is a
position well understood by him when he took the sub-lease ... other sub leases would perish, unless it is
shown that there was consent in writing by the landlord to the creation of
sub-tenancy
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
registered society, neither a new
tenancy or a valid sub-tenancy in favour of the said
registered society has been created. .. ... ..."
25. .. ... ...
Consequently, landlord ... tenant and sub-tenant an
outward appearance of partnership while in effect what
has come into existence is a sub-tenancy or parting with
possession
order to understand whether the tenancy
beyond the period of 10 years was a contractual tenancy or a statutory
tenancy, clauses ... create a sub-lease during
the period of 10 years. Clauses 3 and 4 restrict, therefore, a right of
sub-tenancy only to a period
tenant and sub-tenant in
outward appearance of partnership while in effect what has come into
existence is a sub-tenancy or parting with possession ... Supreme Court have summarized the legal position regarding
sub-letting/Sub-tenant/Sub-tenancy as under:
"25. The legal position that emerges from
tenant and sub-tenant an outward appearance of
partnership while in effect what has come into existence is a
sub-tenancy or parting with possession ... legislation,
summarized the legal position relating to issue of sub-letting or
creation of sub-tenancy. The two aspects which are of relevance
sub-tenancy in Sub-Section (3) of
Section 16 with reference to Sub-Section (2) would be a case of sub-
tenancy either ... where the sub-
tenant claims relief under Section 16(3) , the tenant's interest would be
affected because the sub-tenancy was disputed
unpaid arrears of rent,
bonafide requirement and most importantly, creating sub-
tenancy without the authority of the landlord. The Rent
Court decreed the suit ... various grounds including on
the ground of sub-tenancy. The lower appellate Court
dismissed the appeal of the petitioners, upon which the
present revision petition
tenancy inducting defendant No.2
as sub-tenant. On the grounds of arrears of rent and
sub-tenancy, the suit for eviction was filed ... concurrently
held that the plaintiff succeeded in proving the case of
sub-tenancy. The evidence of the defendants was not
believed. Her stand that
