Rent Control and Eviction

Sub-letting/Sub-tenant/Sub-tenancy

— Essential ingredients for — Temporary transfer of exclusive right to enjoy premises/legal possession on payment of rent — If amounts to sub-letting — Held, the essential ingredients of sub-letting are that (i) there is a transfer of the legal possession/exclusive right to enjoy the premises, and (ii) some amount has been collected by way of rent or compensation — Further, the allegation of sub-letting by tenant has to be proved by landlord — In present case, tenant sub-letting premises for four months and receiving rent for those four months — Landlord proving the same, and nothing being shown to doubt the same — Held, in the instant case, allegation of sub-letting and receipt of rent for the duration of the sub-letting has been clearly established — Hence the three courts below rightly ordered eviction of the tenant on the ground of sub-letting, (2006) 5 SCC 296-A

Rent Control and Eviction

Tenancy

— Termination of — Compensation for occupation of premises thereafter — Increase in rate of amount payable for the period in question — Supreme Court finding that eviction was rightly ordered by courts below, but granting nine months time to tenant to vacate premises — Supreme Court directing tenant to pay Rs 1500 instead of Rs 300 monthly rent for the said period, not by way of rent but by way of compensation for use and occupation, (2006) 5 SCC 296-B