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Supreme Court Of India

(From : Bombay)

Hon'ble Judge(s): Aftab Alam, R. M. Lodha , JJ

(A) Bombay Rents, Hotel and Lodging House Rates (Control) Act (57 of 1947) , S.13(1)(e), S.15(2)— Subletting - Protection of S. 15(2) - Availability - Sub-tenant came in possession of suit land from before February 1, 1973 and continued to be in its possession on that date - Such subletting would fall within protective ambit of S. 15(2) of Act - Subtenant not liable to be evicted. Judgment of Bombay High Court, Reversed. Any sub-letting, assignment, transfer of interest in any other manner or licensing made by the tenant, after February 1, 1973 without there being any sanctioning clause in the contractor or without the express consent of the landlord would constitute a ground for eviction under Section 13(1) (e) of the Act. Where the defendant tenant made a sub-lease and parted with the possession of the suit land in favour of the second defendant and the sub-tenant came in possession of the suit land before February 1, 1973 and continued to be in its possession on that date, such subletting by defendant in favour of second defendant would fall within protective ambit of S. 15(2) of Bombay Rent Act and therefore sub-tenant would not be liable to be evicted.(Para 19 20 23) (B) Bombay Rents, Hotel and Lodging Hous....