sub tenancy

meenakshi chauhan (Querist) 12 March 2011 This query is : Resolved

If an owner of some property gives some portion of his premises to one relative to reside as licensee, but that licensee gave one room of his area to someone on rent.

Do the actual owner has any right on that rent which the licensee is earning?

can the owner file any suit against that licensee?

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adv. rajeev ( rajoo ) (Expert) 12 March 2011
if there is sub clause of sub tenancy in the agreement deed then owner cannot take any legal action against the tenant, if there is no such clause then he can initiate legal proceedings against the tenant and sub-tenant

Advocate Bhartesh goyal (Expert) 12 March 2011
If tenant has sublet the premises to sub tenant without the written permission of landlord then landlord has legal right to initiate the proceedings to evict tenant and sub tenant on the ground of subletting.

Devajyoti Barman (Expert) 12 March 2011
The person giving the sub tenancy himself having been been a licensee he is liable to evicted at any time provided the licensor brings a suit for eviction against him.

Kirti Kar Tripathi (Expert) 12 March 2011
sub tenancy is illegal and is a solid ground for eviction.

Dayananda Gowda (Expert) 12 March 2011
I agree with the expert the land lord may evict the tenant

DEFENSE ADVOCATE.-firmaction@g (Expert) 12 March 2011
If the sub tenancy exists since long than there is implied consent by the landlord.

Chanchal Nag Chowdhury (Expert) 12 March 2011
First ascertain whether the relative is a licensee or a tenant.
If it is the former, revoke the license & go for summary eviction.