1987 (8) TMI 454

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....on. The petitioner challenges that finding and contends that he was a sub-tenant with knowledge and consent of the landlord and as such it does not bind him because in the suit he was not a party. There should have been a separate suit accord- ing to him. He should have been made a party to the suit. The High Court has held against this contention. We are of the view that the High Court was right. Our attention was drawn by Mr. Kacker to the agreement of 1st of September, 1966, contending that this was an arrangement of subletting and in that document one of the attesting witness was land- lord himself. Therefore, this is done with the knowledge and consent of the landlord and as such valid. The agreement states, inter alia as follows: &qu....

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....l supervision for two (2) years with effect from 1.9.66 to 31.8.66 on behalf of the First Party and will restore the business alongwith the said arti- cles in good condition with the expiry of the term of this contract; That the second party will pay to the First Party a sum of ₹ 90 (Rupees Ninety) only per month payable within the 7th day of each month for which it becomes payable. That the SECOND PARTY will be enti- tled to appropriate the entire issues and profits arising out of the business in its entirely subject to the aforesaid payment to be made to FIRST PARTY and the costs of Licen- see fees. That the SECOND PARTY SHALL not encumber the business in any way and shall not be entitled to raise any loan against the business and t....