AIR 2001 SUPREME COURT 2849 ::2001 AIR SCW 3810 ::2001 SCFBRC 509 ::(2002) WLC(SC)CVL 44 ::2001 (8) SCC 187 ::(2001) 6 Scale 461 ::2001 (45) All LR 540 ::2001 (2) RenCR 451 ::2001 (7) Supreme 181 ::(2002) 1 CurLJ(CCR) 114 ::2001 (10) SRJ 93 ::(2001) 8 JT 121 (SC) ::2001 (8) JT 121

Supreme Court Of India

(From : 2000 (2) Cal LJ 204)

Hon'ble Judge(s): N. Santosh Hegde, S. N. Variava , JJ

West Bengal Premises Tenancy Act (12 of 1956) , S.14, S.16— Civil P.C. (5 of 1908) , O.21 R.99, O.21 R.100, O.21 R.101— Sub-tenancy - Creation of - Requirement of previous consent of landlord as also notice in writing to landlord by tenant and sub-tenant is mandatory - Sub-tenancy created without previous consent of landlord and without notice to landlord - Landlord not obliged to implead sub-tenant as party to eviction suit - Bilateral agreement between tenant and sub-tenant creating sub-tenancy which contained clause that landlord had given consent to sub-let does not establish previous written consent of landlord - Implied contract permitting creation of tenancy as also waiver of notice cannot be inferred - Eviction decree obtained by landlord without impleading sub-tenant as party - Question of setting it aside on allegation of fraud or collusion does not arise. 2000 (2) Cal LJ 204, Reversed. Under provisions of the Act the requirement of previous consent of the landlord as also intimation in writing in the manner prescribed under the Act by the tenant as well as the sub-tenant within the time stipulated thereunder being a mandatory requirement, the creation of sub-tenancy without fulfilling these requirements becomes opposed to S. 14 of the Act. If it is a sub-tenancy created contrary to the provisions of the Act then as could be seen fro....