what were the terms and conditions of lease?

2) for subletting you consent of lessor

3) if you sub let without consent of lessor then it amounts to violation of terms of lease and your lease can be terminated

4)

In Jagdish Prasad case , under U.P. Rent Control Act, it was held that

mere presence of another person at the shop did not amount to subletting

as the said person could be customer, agent, friend etc. In this

case the landlord had taken photograph of a stranger at the tenanted

shop and the photograph was main rather sole evidence of sub-letting

adduced by the landlord.

5) In Deepak Banarjee case , under West Bengal Rent Control Act, it was

found that another person was doing work on sewing machine in a part

of the tenanted shop. It was held that it did not amount to sub-letting.

6) Exactly, similar was the position in Nirmala Kantacase , under East Punjab

Rent Control Act. Here also another person was operating sewing

machine inside a part of the tenanted shop, it was held that there was no

sub-letting.

Everyone wants to earn some extra money; sometimes legally and sometimes illegally. Property subletting is somewhere in-between. It has often been seen that a tenant of any type of premises leases out the very same property to another person in return of a monthly rent.

There are instances where tenant has to sublet the property. But the legal consent of the actual owner is a must. Without the consent, the tenant cannot lease the property to anyone and for any purpose.

There are many co-operative societies where subletting can be found. But if you delve deeper, you will find that these are special cases. Suppose a person has to travel a lot due to his/her job but s/he does want to let go of the rented property or a person is ill and cannot stay in that rented property. Such cases get special consideration. The society or the owner can decide upon that. But even for that, the consent of the real owner must be acquired.

Till date, many cases have been filed on this particular issue. And the judiciary system of India has debated hugely to decide whether property subletting is legal or not. In 2009, a bench of Justices R.M. Lodha and Tarun Chaterjee gave the order that partnership business can be carried out by the tenant but it cannot be a veil to conceal an illegal subletting. In the same year the Supreme Court of India passed the judgement that a tenant can be evicted from the property if s/he sublets the same property that s/he has taken on rent without the consent of the landlord.

Subletting can become a source of money laundering and illegal transactions if the dealing is not done through proper financial institutions. The taxation, electricity bills and other related issues can become really complicated if the renting process is not done properly. For a tenant, it is important that s/he understands the legal implications of subletting and tread that line cautiously.

If the original agreement put an embargo on the sub-letting of the leased property then you could not have sub-leased it without the permission of the lessor. If the original lease deed is annulled by the competent authority then you may file a suit for permanent injunction against it, but the prospects will be bleak as you are on the wrong side of the law,