Tenancy Rights

Mohammed Sharif Mistry (Querist) 13 April 2013 This query is : Resolved
We have rented a shop to Mr. A and Mr. B jointly about 15 years ago. Mr. B had passed the tenancy rights to Mr. C by the way of making a partnership deed with him. At present Mr. C is running the shop. Municipal license bears the names of Mr. B and Mr. C. Is this legal?

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ajay sethi (Expert) 13 April 2013
no . no third party rights can be created without prior permission of landlord .

prabhakar singh (Expert) 13 April 2013
If A and B were tenant,neither A nor B can induct C as partner unless subletting right was given by the original deed or consent in writing for induction of C as partner with B
was sought for and was given by the landlord
prior to induction.Not being so,it's case of subletting affording ground of eviction in favor of landlord.

R.K Nanda (Expert) 13 April 2013
agree with experts.

V R SHROFF (Expert) 13 April 2013
C is not your tenant;
A & B sublet your premises without your knowledge or consent. You do not recognise any Partnership firm.
You can evict C

Raj Kumar Makkad (Expert) 13 April 2013
I fully endorse the views of the experts.

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