In Brief
A landlord in Calcutta sought to evict a tenant from a shop on grounds of sub-letting and unauthorized construction. The Trial Court decreed the eviction, but the High Court reversed it. The Supreme Court allowed the landlord's appeal. The Court held that the tenant's contradictory statements about the status of a third party (Joynal Mullick) working in the shop—variously claiming he was an employee, partner, or volunteer—coupled with failure to produce documentary evidence (declaration forms or partnership deeds), established that the tenant had parted with exclusive possession without the landlord's consent, constituting unlawful sub-letting under the West Bengal Premises Tenancy Act, 1956. The tenant was granted three months to vacate.
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