encumbering and/or letting out and/or creating any sub-tenancy and/or
third party interest in respect of the entire premises and in particular ... anything else, such creation of sub tenancy is contrary to the tenancy
agreement. The right to create sub tenancy under the parent lease
agreement
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
sub-tenants and the said premises at
present is in possession of the defendant and its sub-tenants." The full
particulars of such sub ... sub-lessee. This may
act harshly on the sub-lessee, but this is a position well understood by him when
he took the sub-lease
sub-
tenants and the said premises at present is in possession of the defendant
and its sub-tenants." The full particulars of such sub ... sub-lessee. This may act harshly on the sub-lessee, but this is a
position well understood by him when he took the sub-lease
enacted till that date. It has been further denied
that the subtenancy was created in 1961 and since the landlord was
residing ... same street, so landlord had implied notice of said sub
tenancy.
6. The landlord examined 7 witnesses in support of his case
and respondents produced
tenancy rights in
relation to the suit property stood transferred to and vested
absolutely in the Central Government. By the same provision,
vide subsection ... vested in the National Textile
Corporation. That included subsisting statutory tenancy rights
in respect of the suit property enjoyed by the concerned Textile
Undertaking. However
agree with his contention. For examble if there is sub
tenancy in the property in dispute on the date when petition was filed
under section ... tenant throws out the subtenant; even then if
the landlord has been able to prove that subtenancy was subsisting in
RCT No. 30237
Mere occupation is not
sufficient, in our opinion, to infer either sub-tenancy or
parting with possession..."
30. The case of Bharat Sales ... sub-letting has repeatedly fallen
for the consideration of this Court in various cases and
it is now well established that a sub-tenancy
Apex Court for dealing with the issue of sub-letting / sub-tenant / sub-tenancy in paragraph 25 of Celina Coelho Pereira (Ms) and others ... sub-letting and what are its attributes.
47. Justice Sagir Ahmad, speaking for the Two Judge Bench, held as under:
4. Sub-tenancy or sub
suit shop to one Suresh Kumar S/o Sitaram and
therefore,sub tenancy has been created. Beside that, other grounds
regarding arrears of rent, sub ... fulfill his bona fide need ?
(ii) Whether, the finding of sub tenancy of the Courts
below is perverse ?"
9. According to learned counsel
