favour of
the sub-tenant was created.
The learned counsel for the respondent has submitted
that in order to establish sub-tenancy, exclusive possession ... alleged sub-tenant with tenant retaining no control
of the premises should be established. The other ingredient
of sub-tenancy is that right to occupy
available on record passed the necessary orders
upholding the plea of sub-tenancy and granted permission
under clause 13(3)(iii) of the Rent Control ... tenant
and sub-tenant an outward appearance of
partnership while in effect what has come into
existence is a sub-tenancy or parting with
possession
which came into effect on 21-5-1959, the Sub-tenants who got a Sub-tenancy before that date were protected. He further held that ... assignee of the Sub-tenant was in possession of the suit premises, but such a Sub-tenant of a Sub-tenant or such an assignee
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
writ petitions to find out as to whether a lawful sub-tenant, whose sub-tenancy is created in the year 1963, is entitled ... could sub-let the premises. If such a sub-letting is authorised or consented to by the landlord, then such a sub-tenancy will
lawful
sub-tenancies created prior to February 1, 1973 were saved.
Thus a sub-tenant is protected if sub-tenancy, which is
lawful, is created ... contract with the
sub-tenants of his tenant. Sub-tenants are answerable for
performing the various conditions of sub-tenancy only to the
tenant
Section 15(2) to the Bombay Rent Act, in 1987, the sub-tenancy created in favour of defendant No. 2 though illegally, stands regularised ... that by virtue of amendment of 1987, all sub-tenants became lawful tenants as such sub-tenancy created in 1973 though illegal, came
Apex Court for dealing with the issue of sub-letting / sub-tenant / sub-tenancy in paragraph 25 of Celina Coelho Pereira (Ms) and others ... that no tenant shall sub-let the building.
17. It is the settled law that once the ground of sub-tenancy is made
holding that there respondent landlord had failed to prove the alleged sub-tenancy. The said conclusion was arrived at on the ground that ... file the ejectment application inspite of having the knowledge of sub-tenancy. The second ground of non-payment of rent was held
lawful
sub-tenancies created prior to February 1, 1973 were saved.
Thus a sub-tenant is protected if sub-tenancy, which is
lawful, is created ... contract with the
sub-tenants of his tenant. Sub-tenants are answerable for
performing the various conditions of sub-tenancy only to the
tenant
