Status of sublease after termination of lease
Querist :
Anonymous
(Querist) 17 May 2023
This query is : Resolved
For commercial purpose, X transferred a larger extent of lands to Y another company through registered lease deed with terms and conditions which includes resumption of lands clause on violations . Also in the lease deed, Lessee was given right to Sub-lease the lands.
After 15 years, when Lessor found that, Lessee had voluntarily breached the terms and condition, issued show cause notice, conducted enquiry and terminated the Lease.
Meanwhile the Lessee has Sb-Leased the lands to 10 person. Now, what will be the status of the 10 Sub-lessee..?
Please discuss with case laws if any...
Sudhir Kumar, Advocate
(Expert) 17 May 2023
lessor had limited right to sublease. sub lessor is bound by conditions of lease.
kavksatyanarayana
(Expert) 17 May 2023
The lessor shall transfer the sub-lease to the lessee as per terms and conditio under sublease clause.
T. Kalaiselvan, Advocate
(Expert) 18 May 2023
It is settled law that in such case the Sub-Lessee would come in direct relation with the original lessor. However, forfeiture of the main lease will annul the sub-lease, unless the same has been procured in fraud of the sub-lessee.
You have to file a suit for eviction against the tenant and the subletee in civil court to lawfully get back the possession.
Dr J C Vashista
(Expert) 18 May 2023
Sub-lease is governed by terms and conditions of "Lease" which would also come to an end when "main" lease is terminated.
Advocate Bhartesh goyal
(Expert) 18 May 2023
After termination of lease by lessor,lessee & sub lessee are unauthorized occupant of premises and lessor have to file suit for possession of leased primises against lessee and sub lessees and claim mesne profit for use and occupation.
