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2020 (1) TMI 1209 - SC - Indian LawsNon-payment of rent - eviction petition - Surrender of possession of suit shop rooms - recovery of arrears of rent - HELD THAT:- A bare reading of sub-para (i) of sub-section (4) of Section 11 of Kerala Buildings (Lease and Rent Control), Act, 1965, leaves no manner of doubt that the cause arises upon the tenant transferring his rights under a lease and sub-lets the entire building “or any portion thereof”, if the lease does not confer on him any right to do so. The proviso requires that the landlord should have sent a registered notice to the tenant intimating the contravention of the said condition of the lease and upon the tenant failing to terminate the transfer or the sub-lease, as the case may be, within thirty (30) days of the receipt of the notice, an application for eviction could be made by the landlord. Thus, sub-letting of any part of the tenanted premises gives right to eviction from the whole premises. That is how the statute reads and that is also, in our opinion, a reasonable interpretation of the same, as, if one tenancy is created it would not be appropriate to pass eviction order only in respect of a part thereof, and not the whole. The appellant is not expected to allege sub-letting of the whole premises if the sub-letting is only in part of the premises. No doubt the appellants have not specifically claimed that by sub-letting a portion, the whole premises is liable to be vacated, but then that is the legal consequence as is emerging from the legal position. The appellants are entitled to a decree of eviction for the entire premises, mentioned as tenanted premises, on the ground of the respondents having sub-let a part of the premises, and a decree is accordingly passed - Appeal allowed.
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