AIR 1998 SUPREME COURT 1240 ::1998 AIR SCW 1080 ::1998 (2) ADSC 220 ::1998 SCFBRC 71 ::1998 BomRC 179 ::(1998) 72 DLT 50 ::(1998) 2 CivilCourtC 97 ::1998 (3) SCC 1 ::(1998) 1 Scale 613 ::1998 (2) All CJ 886 ::1998 (1) CurCC 147 ::1998 (2) Cal HN 1 ::(1998) 2 Cal WN 210 ::1998 ( ) HRR 150 ::(1998) 1 CTC 657 (SC) ::1998 (1) CTC 657 ::(1998) 1 Mad LW 690 ::(1996) 2 Mad LJ 88 ::1998 (2) MadLJ118 ::1998 (1) RenCR 272 ::(1998) 1 RentLR 137 ::(1998) 1 SCR 711 (SC) ::1998 (1) SCR 711 ::1998 (1) RenCJ 248 ::(1998) 2 APLJ 9 ::1998 (2) Supreme 91 ::(1998) 1 CurLJ(CCR) 658 ::(1998) 1 JT 753 (SC)

Supreme Court Of India

(From : Delhi)

Hon'ble Judge(s): S. Saghir Ahmad, G. B. Patnaik , JJ

Delhi Rent Control Act (59 of 1958) , S.14(1)(b)— Eviction - Sub-letting - Proof - Affirmative evidence as to payment of monetary consideration by sub-tenant to tenant - Not necessary - Sub-letting can be inferred from proof of delivery of exclusive possession. To prove sub-letting production of affirmative evidence showing payment of monetary consideration by the sub-tenant to the tenant is not necessary. Inference as to sub-letting can be drawn from proof of delivery of exclusive possession of the premises by the tenant to sub-tenant. Sub-tenancy or sub-letting comes into existence when the tenant gives up possession of the tenanted accommodation, wholly or in part, and puts another person in exclusive possession thereof. This arrangement comes about obviously under a mutual agreement or understanding between the tenant and the person to whom the possession is so delivered. In this process, the landlord is kept out of the scene. Rather, the scene is enacted behind the back of the landlord, concealing the overt acts and transferring possession clandestinely to a person who is an utter stranger to the landlord, in the sense that the landlord had not let out the premises to that person nor had he allowed or consented to his entering into possession over the demised property. In such a situation, it would be difficult for the landlord to prove, by direct evide....