Lawful sub-letting with written consent remains protected after tenancy expiry; no fresh sub-letting arises without new unauthorized creation.

Lawful sub-letting created with the landlord's written consent did not become unlawful merely because the contractual tenancy later expired. Eviction under section 13(2)(ii)(a) required sub-letting without written consent at the time it was created, and the Court rejected the alleged later sub-tenancy for lack of reliable evidence, including insufficient proof from a tape-recorded conversation. The continued possession of lawfully inducted sub-tenants after expiry of the tenancy was not treated as a fresh or wrongful sub-letting, so the statutory ground for eviction was not established.

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Issues: Whether sub-letting made with the landlord's written consent during the currency of the tenancy becomes unlawful on expiry of the contractual tenancy so as to attract eviction under section 13(2)(ii)(a) of the East Punjab Urban Rent Restriction Act, 1949.

Analysis: The tenancy terms expressly permitted sub-letting of specified portions, and the statutory ground of eviction applied only where the tenant, after the commencement of the Act, had sub-let without the landlord's written consent. The finding that any sub-tenancy was created in May 1974 was rejected for want of reliable evidence, the tape-recorded conversation being insufficient in the absence of independent proof of the alleged conversation. Once sub-letting had been lawfully effected in April 1974 with written consent, the continued possession of such sub-tenants after expiry of the contractual term did not amount to a fresh sub-letting. The statutory protection attached both to the tenant and to the lawfully inducted sub-tenant, and the landlord's consent was not treated as revoked merely because the contractual tenancy had ended.

Conclusion: Lawful sub-letting with written consent did not become wrongful on expiry of the tenancy, and no ground for eviction under section 13(2)(ii)(a) was made out.

Ratio Decidendi: For eviction on the ground of sub-letting under section 13(2)(ii)(a), the sub-letting must be without the landlord's written consent at the time it is created; mere continuance of a lawfully inducted sub-tenant after expiry of the contractual tenancy does not amount to a fresh or wrongful sub-letting.

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