fact that the alleged sub-tenant
was found sitting inside the shop-room would not
alone establish the sub-tenancy and that if any
person ... sub-letting has repeatedly
fallen for the consideration of this Court in
various cases and it is now well-established that a
sub-tenancy
respondent No. 1. In absence of such evidence sub-
tenancy cannot be said to be established and the landlady was not entitled ... sub-tenant. We are
unable to uphold even that contention. In our judgment, for deciding the
question whether the tenant had created sub-tenancy
Dharmalingam (1987) 1 SCC 180 according to
which if the sub-tenancy was created by a tenant and the tenant
had died then the legal ... Singh Vs. Renu Gautam and
Ors. (2004) 4 SCC 794). The sub-tenancy was created in 1978
without the consent of the tenant. The finding
moment through its result; and his
argument was that once the sub-tenancy was
created, it must be connected with the present
moment-the date ... said that the
tenant 'has sub-let' the premises, even though
a sub-tenancy was in fact created by the
tenant
American Company and in substance there
is no case of sub-tenancy. The Additional Rent Controller, Delhi dismissed
the eviction petition by the judgment ... indirect method of collecting the consideration for
creation of sub-tenancy or for providing a cloak or cover to conceal a
transaction not permitted
amount to sub-letting leading to forfeiture of the tenancy;
for there cannot be a sub-letting unless the lessee parted with
the legal possession ... indirect method of collecting the consideration for creation of
sub-tenancy or for providing a cloak or cover to conceal a
transaction not permitted
Post Chakeri, Kanpur. The
landlady also contended that the appellant-tenant had sub-let
the rented accommodation to one R. N. Singh on monthly rent ... inter alia on the grounds of default in
payment of rent, sub-tenancy and damage to the demised
house and the said suit is still
notice to quit.
The right of the Respondents to forfeit the tenancy, if any, had also
not been exercised and no notice therefor was served ... sub-section (1) of Section 12 of the M.P. Accommodation
Control Act, 1961 observed:
"13. The law as to tenancy being determined
Court quashed
and set aside the order passed by the Sub-Divisional Officer, Junnar Sub-
Division, Khed (Pune) on September 24, 1985 and confirmed ... reads as under;
"15. Termination of tenancy by surrender thereof.-(1) A tenant may
terminate the tenancy in respect of any land
referred to in sub-
clause (i) who continues in possession of the land after the
determination of the tenancy agreement." Obviously, that refers ... contained in clause
(a)(i) of this sub-section, any such tenant as is
referred to in sub-clause (ii)(b) of clause
