STATE OF UTTAR PRADESH Vs. DISTRICT JUDGE UNNAO

JUDGEMENT

(1.) The present appeal by special leave is directed against the judgment D/- 19th of January, 1978 of the Allahabad High Court, The short question for consideration in this appeal is whether a sub-tenant is entitled to the protection of the fourth proviso to S. 21 of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972.

(2.) The material facts to bring out the point for consideration lie in a narrow compass. One Murari Lal was the owner of the disputed shop. During his lifetime a partition took place between him and the other members of his family in 1937. The shop in dispute fell to the share of Murari Lal and Narendra Mohan, his eldest son. After the death of Murari Lal in 1960 his interest devolved upon his sons Rajendra Kumar and Brijendra Kumar along with their brother Narendra Mohan.

(3.) It appears that the shop in suit had been let out to one Krishan Kumar. He in his turn inducted Shyam Babu, the present appellant, as his sub-tenant in 1962. Rajendra Kumar and Brijendra Kumar filed a suit No. 181 of 1968 in the Court of Munsif for the eviction of the original tenant as well as the sub-tenant, on the ground of illegal subletting as also for the recovery of arrears of rent. That suit was contested by the tenant as well as the sub-tenant on the ground that the sub-tenancy had been created with the consent of the then landlord and therefore sub-letting was legal.