Sub-letting of part of a single tenancy can justify eviction from the entire premises under Kerala rent law.

Under Section 11(4)(i) of the Kerala Buildings (Lease and Rent Control) Act, 1965, sub-letting of any part of a single, indivisible tenancy can justify eviction from the whole premises. The SC noted that the tenancy and termination notice were composite, the eviction claim covered the entire building, and the statute expressly extends to sub-letting of the entire building or any portion thereof. Because the factual foundation was admitted and concurrent, the legal consequence followed: proof of sub-letting in one room or part of the leased premises supported eviction from the entire tenancy, not merely the sub-let portion.

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Issues: Whether, in a case of a single tenancy comprising multiple shop rooms, proof of sub-letting of only a part of the tenanted premises under Section 11(4)(i) of the Kerala Buildings (Lease and Rent Control) Act, 1965 entitles the landlord to eviction from the entire tenanted premises.

Analysis: The tenancy and the notice of termination were single and composite, and the eviction petition was filed in respect of the whole premises though different grounds were alleged for different portions. Section 11(4)(i) expressly permits eviction where the tenant has sub-let the entire building or any portion thereof, and the statutory scheme does not confine eviction to the sub-let portion alone when the lease is one and indivisible. The legal question could also be examined at the final stage because the factual foundation was undisputed and the issue involved the legal consequence of those facts. On the admitted and concurrent findings, sub-letting of one part of the tenanted premises was sufficient to attract eviction of the whole tenancy.

Conclusion: Sub-letting of a part of the premises entitled the landlord to evict the tenant from the entire tenanted premises; the contention to confine eviction only to the sub-let room was rejected in favour of the appellants.

Ratio Decidendi: Where a tenancy is single and the statute permits eviction for sub-letting of the entire building or any portion thereof, proof of sub-letting of any part of the tenanted premises supports eviction from the whole tenancy.

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