K K KRISHNAN Vs. M K VIJAYA RAGHAVAN

JUDGEMENT

(1.) The respondent-landlord filed a petition for eviction of the appellant-tenant from the premises in dispute under S. 11 (4) (i) of the Kerala Buildings (Lease and Rent Control) Act, No. II of 1965, on the ground that the appellant had sublet the premises without the consent of the landlord. The petition had a chequered career but finally the Rent Controller ordered eviction by his order dated July 31, 1974. The order of the Rent Controller was confirmed, successively by the Subordinate Judge, the District Judge and the High Court. The tenant has now preferred this appeal by special leave of this Court under Art. 136 of the Constitution.

(2.) Shri Govindan Nair, learned counsel, for the appellant submitted that under S. 108 (j) of the Transfer of Property Act, 1882, it was a term of every lease that the lessee might sub-lease the whole or any part of his interest in the property and, therefore, unless the lease expressly prohibited the lessee from subletting the whole or part of the premises, the landlord could not have recourse to S. 11 (4) (i) of the Kerala Buildings (Lease and Rent Control) Act.

(3.) In order to appreciate the submission of Shri Govindan Nair, we may set out the relevant statutory provisions. S. 108 (j) of the Transfer of Property Act, 1882, is as follows: