When eviction is sought on ground of sub letting, onus to prove sub letting is on landlord.

[Tamil Nadu Buildings (Lease and Rent Control) Act, 1960]

Tenant himself admitted before Rent Controller that because of old age he was not in a position to manage affairs of shop and that is why he handed over shop to sub-tenant through GPA.

Sub-tenant and tenant were running business as partners as alleged by tenant. However, there is no genuine partnership between tenant and sub-tenant.Exclusive possession of suit premises is with sub-tenant. Sub-tenant is running business in the suit premises as an owner. Sales Tax Certificate and licence are in the name of sub-tenant. Even bank accounts are in the name of sub-tenant. Clear case of sub-letting is made out – Tenant and sub-tenant ordered to be evicted.

(2020(1) Civil Court Cases 794 (S.C.)

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