Judgement

BEG, J. :- The appellant was a tenant who obtained a lease of non-residential premises situated in the City of Madras at Rs. 450/- per month from the landlord on 21-8-1944. On 9-3-1957 a portion of the premises was sublet to Shawaran Lachmandas. on 12-7-1957 another portion was sub-let to Umasar Corporation. At that time there was nothing to prohibit sub-letting either in the lease deed or in the Madras Buildings (Lease & Rent Control) Act. 1949 which was applicable then. On 3-4-1963 the landlord executed another registered lease deed of the same property in favour of the appellant for a period of five years 1-10-1961 at Rs. 600/- per month (incidentally, this period has also expired). This lease contained a provision against sub-letting. Furthermore the Madras Buildings (Lease and Rent Control) Act, 1960 (hereinafter referred to as the Act ) repealing the Act of 1949 had come into force. The Act conferred a right under Section 10 (2) (ii) (a) to evict the tenant on the ground :

"(ii) that the tenant has after the 23rd October 1945 without the written consent of the landlord -

(a) transferred his right under the lease or sub-let the entire building or any portion thereof if