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TMI Blog1987 (8) TMI 454X X X X Extracts X X X X X X X X Extracts X X X X ..... or eviction. The petitioner challenges that finding and contends that he was a sub-tenant with knowledge and consent of the landlord and as such it does not bind him because in the suit he was not a party. There should have been a separate suit accord- ing to him. He should have been made a party to the suit. The High Court has held against this contention. We are of the view that the High Court was right. Our attention was drawn by Mr. Kacker to the agreement of 1st of September, 1966, contending that this was an arrangement of subletting and in that document one of the attesting witness was land- lord himself. Therefore, this is done with the knowledge and consent of the landlord and as such valid. The agreement states, inter alia as foll ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d business under his personal supervision for two (2) years with effect from 1.9.66 to 31.8.66 on behalf of the First Party and will restore the business alongwith the said arti- cles in good condition with the expiry of the term of this contract; That the second party will pay to the First Party a sum of ₹ 90 (Rupees Ninety) only per month payable within the 7th day of each month for which it becomes payable. That the SECOND PARTY will be enti- tled to appropriate the entire issues and profits arising out of the business in its entirely subject to the aforesaid payment to be made to FIRST PARTY and the costs of Licen- see fees. That the SECOND PARTY SHALL not encumber the business in any way and shall not be entitled to raise any loa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... b-tenancy. Our attention was drawn to the decision of this Court in M/s Girdbar Lal Sons v. Balbir Nath Matbur and Others, [19681 2 SCC 237 where considering similar provision of Delhi Rent Control Act, 1958, it was held that where the landlord had in fact consented to the sub-tenancy and as such the sub-tenancy was valid and landlord was bound by it. But in the present case, there was no sub-tenancy created by the agreement mentioned herein. Hence the consent and knowl- edge of the landlord do not help. Our attention was also drawn to section 2(4) on the expression 'tenant' in West Bengal Premises Tenancy Act, 1956. That definition does not affect the position of the petitioner in the instant case as there was no sub-ten ..... X X X X Extracts X X X X X X X X Extracts X X X X
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