evident
that in order to prove the tenancy or sub tenancy two
ingredients have to be established. Firstly, the sub tenant must
have exclusive right ... some
consideration or rent. Mere user is not sufficient to infer sub
tenancy or parting with possession. It is for the landlord to
prove that
tenant and the alleged subtenant, there
is a relationship of lessor or lessee.
11. The subtenancy or subletting comes into existence when ... alleged
retirement in the year 2004. Had there been no subtenancy between
respondent no. 1 and respondent no. 2, there was no reason
tenant as well
as by the subtenant within stipulated time thereunder upon the
creation of the subtenancy was a mandatory requirement, and
since ... creation of subtenancy was without such compliance, it
was unnecessary for the landlord to implead the subtenant when
he sought to evict
wherein it was held that:
"8. In a case of sub-tenancy there is an agreement between the
subtenant and the tenant which ... secrecy. Thus the landlord cannot be expected to prove
the sub-tenancy by proving an agreement between the subtenant and
the tenant. The onus
posession. It can either
be treated as a clear case of sub-tenancy if the company alone as entity is
considered. In case the Corporate ... alone
can be treated as in possession as tenants. Sub tenancy has not been pleaded by
the Respondents in this affidavit, however, in the affidavit
subletting as under:
(a) That the alleged subtenant is in exclusive possession, and
(b) That between the tenant and the alleged subtenant ... also a subtenant of respondent no. 1.
Thus, the petitioner has failed to prove creation of subtenancy by respondent
no. 1 in favour
record any written consent
of the petitioner qua creation of sub-tenancy in favour of Sh. Satish
Kr. Batra. It is stated that the petitioner ... tendered by the tenant, neither a new tenancy or a
valid sub-tenancy is created in his favour."
Thus, Sh. Satish Kr. Batra
consideration of the grant, renewal or
continuance of a tenancy or sub-tenancy of any premises-
(a) claim or receive the payment
petitioner by
not accepting the rent.
(b) Ground of sub tenancy: On ground of it is stated that the
allegation that one Sh. Pooran Chand
sub-letting had taken place and on what
terms.
15. No evidence has been brought on record by the petitioner to
prove the sub-tenancy ... payment of the said rent to Mohd. Usman to prove the
sub-tenancy.
In view of above discussion, the petition