GAJANAN DATTATRAYA vs SHERBANU HOSANG PATEL & ORS.

The Supreme Court held that under Section 13(1)(e) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, a tenant can be evicted for unlawful subletting if such subletting is proven at the time of the notice, regardless of whether it continues until the suit is filed. The Court clarified that allowing a tenant to escape liability by vacating the sublet premises after notice would undermine the landlord's rights. The appeal was dismissed, affirming the eviction decree based on the established unlawful subletting at the time of notice.