Judgment

M. P. THAKKAR, J. : - The view taken by the High Court that a tenant sought to be evicted on the ground of unlawful subletting under S. 10(2)(ii)(a)*1 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, must himself have been guilty of the contravention and that the alleged contravention by his father when he was a tenant can be of no avail for evicting him is assailed in this appeal by special leave. The High Court has so pronounced in the backdrop of the admitted fact that respondent had himself not created any sub-tenancy after he became the tenant in 1968 upon the death of his father. The plea raised by the appellant that the tenancy created in 1952 by the father of respondent rendered him liable to be evicted in the suit instituted by the appellant in 1970 was repelled. The unsuccessful landlord has now invoked this Courts jurisdiction under Art. 136 of the Constitution of India.

*1. "10(2) A landlord who seeks to evict his tenant shall apply to the Controller for a direction in that behalf. If the Controller, after giving the tenant a reasonable opportunity of showing cause against the application, is satisfied

(i)xxxxxxxxx

(ii) that the tenant has after the