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
reason, any
sub-tenant to whom the premises or any
part thereof have been lawfully sub-let and
such sub-tenancy is subsisting ... commencement of Act, is not protected by 1999 Act. A sub-lease
or sub-tenancy created prior to coming into force of the said
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
payable, and include, - (i) a sub-tenant; (ii) any person continuing in possession after the termination of his tenancy, but does not include ... under sub- section (2) shall be binding on any sub-tenant referred to in section 27 who has given notice of his sub-tenancy
evicted by the respondent No. 1
is subject to alleged sub-tenancy rights created in favour of the third party
and to this effect ... case of the respondent No. 1 that there exists an alleged sub-tenancy,
then till the time, the issue as to existence of the sub
possession either in full or in part to a sub
tenant and such sub tenancy must be for consideration.
Learned counsel would refer ... been a sub letting, I have no
reason to hold that actual passing of consideration from the tenant to
sub tenancy had not been established
dispute by the tenant being relative, does
not mean that sub tenancy has been created in this
regard he has placed reliance upon Victor Kumar ... favour of sub tenant and has
no control of the property in question inference can be
drawn that a sub tenancy has been created even
lawful sub
tenant or not and to determine it, this court is required to see as to when
the subtenancy was created. The respondent ... that he
is a subtenant since prior to 1950 whereas it is the case of petitioner that
the subtenancy was created after
according to English Calendar Month with usual covenants
restricting creation of sub-tenancy not more than 50%
lease hold premises causing damage, causing conversion ... tenancy in question does not come under the purview
of Transfer of Property Act whereas the tenancy was
governed under the West Bengal Premises Tenancy
premises are sub-let may, in the prescribed manner, give notice to the landlord of the creation of the sub-tenancy within ... month of the date of such sub-letting and also notify the termination of such sub-tenancy in the Form specified in Schedule
