My tenant in Imphal has sublet the property without my consent, can I evict him?

Detailed Legal Analysis

Yes, you can evict your tenant in Imphal for subletting the property without your consent, as this constitutes a violation of the terms of the rental agreement.

Under Indian law, particularly the Transfer of Property Act, 1882, a tenant has no right to sublet the property without the landlord's permission. The relevant provisions include:

• Section 108: This section outlines the rights and liabilities of lessors and lessees. According to Section 108, a lessee (tenant) cannot assign, sublet, or transfer the property without the lessor's (landlord's) consent.
• Section 111: This section provides grounds upon which a lease can be determined. Subletting without permission can be considered a breach of the lease agreement, allowing the landlord to terminate the lease.

To proceed with eviction, you should follow these steps:

• Check the Lease Agreement: Review the lease agreement to confirm that it explicitly prohibits subletting without your consent.
• Document the Breach: Gather evidence of the subletting, such as photographs, written communication, or witness statements, which can support your claim.
• Send a Notice: Serve a legal notice to your tenant informing them of the breach of the lease agreement due to unauthorized subletting and demanding that they vacate the premises. The notice period should ideally be in accordance with the terms of the lease or, if not specified, a reasonable time frame (usually 15-30 days).
• File for Eviction: If the tenant does not comply with the notice, you can file an eviction suit in the appropriate civil court under the relevant jurisdiction. In Imphal, this would typically be the District Court.
• Attend Court Hearings: Be prepared to present your evidence in court and argue your case. Make sure to adhere to the Civil Procedure Code, 1908, regarding the conduct of civil suits.

It is advisable to consult with a lawyer specializing in property law to ensure that you follow the correct legal procedures and that your rights as a landlord are protected.