Whether tenant can innstitute (file) suit against sub-tenant for compensation and damages for use?

nirdeshkhandelwal (Querist) 03 February 2015 This query is : Resolved
Whether tenant can institute (file) suit against sub-tenant for compensation and damages for use and occupation?
One tenant filed suit against two persons stating that person no. 1 is my licencee and he is occupying the disputed premises under my licencrle for short term. After the expiration of term, he is not vacating the disputed premises. Now he is unauthorized occupant and is liable to pay damages for use and occupation of the said premises. Whether the person no. 1 who is in occupation-is liable to pay damages or use of occupation and whether this type of suit is maintainable against the person no. 1 who is sublettee?

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Devajyoti Barman (Expert) 03 February 2015
Sub-tenancy is a ground for eviction wherein mesne profit can be prayed for.

T. Kalaiselvan, Advocate (Expert) 07 February 2015
If the original tenancy agreement contains clause for sub-tenancy, the action by the tenant will be held valid.

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