Hello Legal Experts,
Is there or has there been any provision in Maharashtra Rent Control Act, 1999 or any of its subsequent amendments, if any, till date, that allows a protected sub-tenant to surrender, and the landlord to accept such surrender, his sub-tenancy rights and handover the posession of such sub-tenanted premises to the landlord without first surrendering such sub-tenancy rights and possession to the main tenant of the said premises?
The case in point also has the following:
1) The landlord has not terminated the tenancy of the tenant of the said premises and the sub-tenancy is created by the tenant in favour of the sub-tenant much before the ordinance and the amendment of 1959 thereupon,
2) The sub-tenant and tenant are deemed protected due to their such tenancy and sub-tenancy respectively being in force since before the ordinance and the amendment of 1959 thereupon,
3) The tenant has not consented for any such surrender of the rights by the said sub-tenant to the landlord of the premises which is and has been lawfully tenanted to the tenant whose tenancy is and has been in force since much before the ordinance and the amendment of 1959 thereupon.
Is such a surrender of sub-tenancy right and possession thereof of the said sub-tenanted premises by the sub-tenant to the landlord -- and not to the tenant -- valid? What rule/section applies to this?
What is the remedy, if any, for the tenant to recover, from the landlord, the possession of such premises surrendered, without the consent of the tenant, by the sub-tenant to the landlord?
Much appreciation and gratitude for your advice.
