DIPAK BANERJEE vs SMT. LILABATI CHAKRABORTY

The Supreme Court held that to establish sub-tenancy under Section 13(1)(a) of the West Bengal Premises Act, 1956, two essential ingredients must be proven: (1) the tenant must have exclusive possession of the premises, and (2) such possession must be in exchange for rent or compensation. The Court clarified that services rendered in lieu of occupation do not constitute rent under the Act. The appeal was allowed as the lower courts failed to establish these essential elements, leading to a manifest injustice.