Written consent and notice for subletting under rent control law protect a subtenant against eviction in execution.

A subtenant receives protection under the Delhi Rent Control Act, 1958 where the landlord's previous consent to subletting and notice of the subtenancy are shown by written material clearly referable to the specific premises. The Act does not require any special form of consent or notice; it is enough that the writings evidence the landlord's assent and knowledge of the particular subtenancy. On the facts discussed, the lease documents, including the landlord's attestation and a signed letter on behalf of the tenant, satisfied these requirements. The subtenant was therefore protected and could not be evicted in execution of a decree obtained only against the principal tenant.

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Issues: Whether the subtenant was entitled to protection under Sections 17 and 18 of the Delhi Rent Control Act, 1958 on the basis that the landlord had given previous consent in writing to the subletting and had notice in writing of the subtenancy.

Analysis: The statutory scheme was construed in the light of the object of the Act, namely, protection of tenants and subtenants from unreasonable eviction. Sections 17 and 18 require the landlord's previous consent in writing to the subletting and notice of the creation of the subtenancy in the prescribed manner. The requirement is satisfied when the consent and notice are evidenced by writing that clearly shows the landlord's assent and knowledge of the particular subtenancy; no special or magical form is prescribed. On the facts, the lease-related documents, including the landlord's attestation and the letter signed on behalf of the tenant, furnished written evidence of consent and notice.

Conclusion: The subtenant was entitled to the statutory protection and could not be evicted in execution of the decree against the principal tenant.

Ratio Decidendi: Where the landlord's prior consent to subletting and notice of the subtenancy are evidenced by written documents signed by or attributable to the landlord and clearly relating to the specific premises, the requirements of Sections 17 and 18 of the Delhi Rent Control Act, 1958 are satisfied and the subtenant is protected against eviction in execution of a decree obtained only against the principal tenant.

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