AIR 1987 SUPREME COURT 2055 ::1987 (4) SCC 161 ::1988 All CJ 32 ::(1987) 2 APLJ 51 ::1987 MPRCJ 271 ::(1987) 2 RenCR 311 ::(1987) 3 JT 454 (SC)

Supreme Court Of India

(From : Calcutta)*

Hon'ble Judge(s): Sabyasachi Mukharji, G. L. Oza , JJ

(A) West Bengal Premises Tenancy Act (12 of 1956) , S.13(1)(a), S.14— Transfer of Property Act (4 of 1882) , S.105— Eviction of tenant for sub-letting part of premises - Alleged sub-tenant not in exclusive possession of portion - No evidence of payment of rent - Acceptance of service in lieu of right to occupy does not amount to acceptance of rent under Rent Act - Held, there was no sub-tenancy created. A. D. T. No. 673 of 1982, D/- 7-5-1982 (Cal. ), Reversed. The owner of the premises sought to evict tenant on ground of sub-letting a part of premises. It was alleged that the sub-lessee was doing tailoring business in the portion of premises and was doing work for the landlord and others. There was no evidence that the sub-tenant was in exclusive possession of the portion and that he paid any rent. Held, that there was no creation of @page-SC2056 sub-tenancy, A. D. T. No. 673 of 1982, D/- 7-5-1982 (Cal), Reversed.(Para 12) In order to prove tenancy or sub-tenancy two ingredients had to be established, firstly the tenant must have exclusive right of possession or interest in the premises or part of the premises in question and secondly that right must be in lieu of payment of some compensation or rent. AIR 1974 SC 280; AIR 1968 SC 933 and (1970) 2 All ER 483, Rel. on.....