Pre-1973 sub-lease protection under rent control survives a later formal deed that only confirms the earlier arrangement.

A pre-1 February 1973 induction in possession remained protected under Section 15(2) of the Bombay Rent Act where the evidence showed the second defendant was already occupying the premises before the cut-off date and continued thereafter. The later 1978 sub-lease deed merely formalised and continued the earlier arrangement; it did not create a fresh, unprotected transaction or revive eviction liability under Section 13(1)(e). On that basis, the eviction decree could not be sustained and the suit for possession was liable to be dismissed.

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Issues: Whether the sub-lease and induction of the second defendant attracted the protection of Section 15(2) of the Bombay Rent Act, and whether the later execution of the sub-lease deed in 1978 created a fresh and unprotected ground for eviction under Section 13(1)(e).

Analysis: The decisive question was whether the second defendant was in possession of the premises before 1 February 1973 and continued in such possession on that date. On the evidence, including the charge certificate, rent receipts, and the retrospective operation given to the sub-lease deed, the second defendant's occupation was found to have existed well before the cut-off date. Section 15(2) protected pre-1 February 1973 transfers, assignments, sub-lettings, and transfers of interest in any other manner, and that protection was wide enough to cover even an oral arrangement. The later formal lease deed of 1978 did not materially alter the existing status or inter se relationship of the parties; it merely formalized and continued the prior arrangement. In that situation, the later instrument did not take the matter outside Section 15(2) or revive liability under Section 13(1)(e).

Conclusion: The sub-lease remained protected under Section 15(2), and no ground for eviction against the appellants survived.

Final Conclusion: The eviction decree could not be sustained, and the suit for possession was liable to be dismissed.

Ratio Decidendi: A pre-1 February 1973 induction in possession protected by Section 15(2) of the Bombay Rent Act is not deprived of that protection by a later deed that merely formalizes the earlier arrangement without any material change in possession or legal status.

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