that he
does not have any documentary proof regarding the alleged sub
tenancy created by respondent no. 1, but earlier he was having
the documentary ... proof regarding the alleged subtenancy. It is
further stated by the appellant in his cross examination that he is
having the documentary proof regarding
contract
between the landlord and the subtenant, the appeal filed by subtenant
is not maintainable. The subtenant derives his title through ... well as
the subtenant within the time stipulated there under being a mandatory
requirement, the creation of subtenancy without fulfilling these
requirements becomes
himself informed by petitioner
No. 2 about creation of sub tenancy can thus
hardly be accepted as it would be against the
grain ... held to be tantamount to subletting. The sub-
tenancy or parting with possession of the
tenanted premises is, thus, clearly made out. I
find
been used as a mere cloak or subterfuge to
conceal the subtenancy. The learned Rent Controller failed to
tear the veil of partnership ... year 1997 she came to know about the alleged sub
tenancy. She however failed to explain as to on what
circumstances, she inferred that
created a sub-lease in favour of one Lavanya Ayurvedic Pvt Ltd, thereby
creating a sub-tenancy in favour of the latter ... right by the lessee, in simpler words by creating a sub-
tenancy, the lessee cannot absolve himself of the liability to the original lessor.
Even
suit (SC) 872, the relevant para is as
under:
-"18. sub-tenancy or subletting comes into
Digitally signed
GAURAV by GAURAV
GOYAL
GOYAL Date ... tenancy in the name of partnership firm is a joint
tenancy of the partners. If none of the partners in
whose favour the tenancy
Mere occupation is not sufficient, in our opinion, to infer
either subtenancy or parting with possession..."
18. Thus, a stranger coming into possession ... testified that he was unaware if the previous owner had confirmed
subtenancy of M/s. P.N. Khanna & Company Chartered Accountants
lease deed dated 18.09.1986
came to an end and when the sub-tenancy was created in the
premises without permission of the plaintiffs. It further ... executed between plaintiffs and D-1, the
right to create sub-tenancy was created in favour of D-1 only
for the period of five
subletting as under:
(a) That the alleged subtenant is in exclusive possession, and
(b) That between the tenant and the alleged subtenant ... monetary consideration, have to be established."
15. Thus, the subtenancy or subletting comes into existence when the
tenant gives up possession
Judgment in favour of the respondent/petitioner holding
that the sub tenancy stood proved, hence, the appellants/respondents
be evicted from the impugned premises ... delivery of exclusive possession of the
premises by tenant to sub tenant. Sub tenancy or
subletting comes into existence when tenant gives up
possession
