restrictions imposed on sub-letting, the cases where a written contract of subletting or tangible evidence of payment is forthcoming would
statutory tenant, whose
contractual tenancy did not specifically authorise him to
sublet or grant lease, could not create a valid licence
before coming into operation ... said Act
applied to contracts also as these would fall under the
provisions of the law relating to contracts. It was further
held that
statute specifically provides that a contract contrary to the provisions of the statute would be void the contract would remain binding between the parties ... specific provision of a statute declaring subletting unlawful, the provision of the statute shall prevail over the contract.
48. In Shrikrishna Khanna Vs. Additional District
entiled to sublet the suit premises. In view of these facts, it cannot be said that the tenant has unlawfully sublet the suit premises ... contract to any contract to the contrary, it shall not be lawful after the coming into operation of this Act for any tenant to sublet
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subletting; second, the occupiers had no privity of contract with the Owner; third,
no subletting had been ratified by the Owner; four, the Executing ... their possession through the original tenant. So there was no
privity of contract between the landlord and the respondents. In that context,
Balvant N. Viswamitra
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subletting; second, the occupiers had no privity of contract with the Owner; third,
no subletting had been ratified by the Owner; four, the Executing ... their possession through the original tenant. So there was no
privity of contract between the landlord and the respondents. In that context,
Balvant N. Viswamitra
lease deed in favour of Shankar Godaji Gore specifically
enabled him to sublet. Under the lease deed dated July 7,
1948, Awate the original owner ... that too, subject to the contract to the contrary. Here is
a case of a contrary contract. Under these circumstances
the ruling reported in Sardar
land and thereafter to sublet or sublease those flats under
the terms and conditions of the contract agreement. Under
the facts and circumstances
proceedings, and thereafter to
original plaintiff no. 2. However, a written
contract was entered into and with the consent of
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the landlord, the property in question was sublet
to respondent no. 2, who is original defendant
no. 2, namely
privity of contract between
the respondent and the sub-lessees. Hence, they have to be evicted on the ground
of subletting.
4.3.The petitioners