2010 (7) TMI 269

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..... ow light on the subject, in our opinion, the learned company court was quite justified in giving liberty to the landlord to institute a suit against the company in liquidation for the purpose of establishing his case for getting back the property on proving that without his written consent an illegal sub-tenancy was created by the company in liquidation. We do not appreciate the submission of Mr. Bose that the grant of such liberty while disposing of an application under section 535 of the Act is not within the competence of the company court. Appeal dismissed.
J.N. PATEL AND BHASKAR BHATTACHARYA, JJ. Utpal Bose, P. K. Jhunjhunwalla and B. Sharma for the Appellant. Soumen Sen, S. Ghosh, M. K. Sael and Chaitali Bhattacharya for the Respo .....

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..... erous one. 4. The said application was opposed by the appellant thereby contending that it is a lawful sub-tenant inducted by the company in liquidation from the year 1975 with the knowledge and consent of the landlord, the applicant, under section 535 of the Act and as such, its right as sub-tenant should be protected. 5. The learned company court on consideration of the materials on record came to the conclusion that the official liquidator could not assist the court to arrive at the conclusion as to whether prior consent in writing of the applicant was obtained by the company in liquidation for subletting the property in favour of the present appellant and in such circumstances/the learned single judge decided to give leave to the appl .....

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..... rding to the provisions contained in section 13 of the said West Bengal Premises Tenancy Act, 1956, creation of sub-tenancy without prior written consent of the landlord affords a ground of eviction of the tenant in favour of the landlord. The landlord in such circumstances having made an allegation of illegal sub-tenancy and the official liquidator having failed to furnish any material to throw light on the subject, in our opinion, the learned company court was quite justified in giving liberty to the landlord to institute a suit against the company in liquidation for the purpose of establishing his case for getting back the property on proving that without his written consent an illegal sub-tenancy was created by the company in liquidatio .....

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