SHANTILAL RAMPURIA Vs. VEGA TRADING CORPORATION

JUDGEMENT

(1.) This appeal by special leave arises out of a suit filed by the appellants for eviction of the respondent-tenant (hereinafter referred to as the Corporation) from certain premises on Lalbazar Street, Calcutta, on the ground of sub-letting. The City Civil Court, Calcutta, decreed the suit, but on appeal by the tenant-Corporation, the Calcutta High Court reversed the judgment and dismissed the suit.

(2.) Admittedly the defendant-Corporation was inducted as a tenant under a registered deed of lease dated 23-4-1948 for a period of three years from 01-05-1948. After expiry of the period in 1951, the Corporation continued in possession, and by holding over became a month to month tenant. The premises consists of a big room, described as room No. 3, along with a small room for the use of a Darwan (porter), staying there as guard. The big room was, from time to time, leased out by the tenant-Corporation in portions to different sub-tenants and in 1960 the landlord brought a suit, registered as Ejectment Suit No. 978 of 1960, for the eviction of the Corporation on several grounds including sub-letting. In the meantime West Bengal Premises Tenancy Act, 1956 had been enacted, and the provisions of S. 13(l)(a) which are in the following terms, were relied on by the parties:

(3.) The tenant-Corporation contended that it was permitted to create sub-leases under clause 6 of the lease document which is quoted below and it cannot, therefore, be accused of sub-letting without the consent of the landlords:-