With the help of decided cases: discuss the consequences of "Subletting" of the tenancy.

"Subletting" refers to the act where a tenant parts with possession of the leased premises or any part thereof to a third party, while retaining the original tenancy. Under Section 108(j) of the Transfer of Property Act, 1882, a lessee may transfer his interest unless restricted by the lease. However, in rent-controlled jurisdictions, such as under Section 14(1)(b) of the Delhi Rent Control Act, 1958, subletting without the landlord’s consent is a ground for eviction.

The essential test for subletting, as laid down in Associated Hotels of India Ltd. v. R.N. Kapoor (AIR 1959 SC 1262), is whether exclusive possession of the premises has been handed over. Mere use of premises by a third party does not amount to subletting unless there is a legal right to possession.

In Rajbir Kaur v. S. Chokesri Lal (AIR 1988 SC 1845), the Court observed that a tenant ceasing to exercise control over the demised premises and a third party occupying it independently amounts to subletting. Similarly, in Kala & Anr. v. Madho Parshad Vaidya (AIR 1998 SC 1236), the Supreme Court held that parting with possession of even a part of the premises, without consent, constitutes subletting.

Importantly, mere occupation by family members or temporary guests without consideration or transfer of possession does not amount to subletting. In Bajrangi Lal v. Bhanumati Devi (1991), it was held that the burden of proof lies on the landlord to establish both parting with possession and absence of consent.

Thus, unauthorised subletting under rent control laws can lead to eviction, even if permissible under general property law. The restriction aims to prevent profiteering by tenants and to safeguard the landlord’s rights over leased property.

Under the Transfer of Property Act, 1882, subletting is legally permissible unless expressly barred by the lease agreement. If subletting occurs in violation of a restrictive clause, it may lead to termination by forfeiture under Section 111(g). The courts have emphasised the requirement of transfer of exclusive possession as a necessary element of subletting. However, the TPA adopts a liberal stance, and the consequences become stricter only under special rent control statutes, which aim to prevent exploitation of tenancy rights.

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