proviso has been added to sub-section (1) giving authority to the State Government to permit creation of sub-tenancy by issuing a notification ... that the tenant or the sub-tenant never brought to the notice of the landlord that a sub-tenancy was created. Though a feeble attempt
assign the original tenancy was not a term or condition of the original contract of tenancy but an incident of the tenancy created ... condition of the original contract of tenancy so as to be applicable to subsequent statutory tenancy under Sub-section (1) of Section
cannot be said that the tenant "has sub-let" the premises, eventhough a sub-tenancy was in fact created by the tenant ... hold that the words "has sub-let" mean "has created a sub-tenancy" and that it is not necessary that such
trial Court decreed the suit mainly on the ground of sub-tenancy. As against that, the case of the defendants i.e. present respondents ... deed of partnership was sham, bogus and camouflage to cover the sub-tenancy and hence the trial Court drawn adverse inference against the defendants
mention about the terms of tenancy and acquisition of tenancy rights or transfer of tenancy rights. It is dated 27-11-1960. Again no Deed ... discussion, it is obvious that Pramukhbhai became sub-tenant with effect from 31-12-1983. The sub-tenancy is not protected under any provision discussed
defendant No. 4 was a lawful sub-tenant by reason of the retrospective legalization of the sub-tenancy under Section 15(2) . He was however ... destroy the statutory tenancy of the tenant and to substitute in its place the statutory tenancy of the sub-tenant with retrospective effect which would
contractual tenancy between the, tenant and the sub-tenant, provided the sub-tenancy was valid, was to bring into existence a statutory tenancy. Therefore ... subtenant. The transaction between the tenant and the sub-tenant was valid. Therefore, though the sub-tenancy was created by the tenants without the consent
successful in proving that the tenant-defendant no. 1 had created sub-tenancy in favour of the defendant no. 2 and as such, they were ... that in case of sub-letting, assignment is always there. Transfer would also be there to complete the sub-tenancy but the transfer would
sub-tenant to the tenant-in-chief. However, despite these difficult initial burden on the landlord to establish sub-tenancy is not shifted ... sub-tenant occupying portion for valuable consideration from the tenant-in-chief. Thus, the second ingredient for establishing the sub-tenancy is also not proved
should hold that both the tenant and the alleged sub-tenant denied the alleged sub-tenancy in the proceedings both at the trial ... sub-let whole or part of the premises or assigned or transferred in any other manner his interest therein. The sub-tenancy was alleged
