Summarize the following court judgment. Appeal No. 1249 of 1967. Appeal from the judgment and decree dated July 21	 1967 of the Delhi High Court in Regular First Appeal No. 166 D of 1965. A.K. Sen	 Rameshwar Nath	 P. L. Vohra and Mahinder Narain	 for the appellant. Bishan Narain	 Radhey Mohan Lal and Harbans Singh	 for the respondent. The Judgment of the Court was delivered by Bachawat	 J. This appeal arises out of a suit for ejectment instituted by a landlord against a tenant. It is common case that the suit is governed by the provisions of ' the Delhi and Ajmer Rent Control Act	 1952 (Act No. 38 of 1952) hereinafter referred to as the Act. The material provisions of section 13(1) of the	 Act are as follows : "13. (1) Notwithstanding anything to the contrary contained. in any other law or any contract	 no decree or order for the recovery of possession of any premises shall be passed by any Court in favour of the landlord against any tenant (including a tenant whose tenancy is terminated) : Provided that nothing in this sub section shall apply to any suit or other proceeding for such recovery of possession if the Court is satisfied (b)that the tenant without obtaining the consent of the landlord in writing has	 after the commencement of this Act	 (i)sub let	 assigned or otherwise parted with the possession of the whole or any part of the premises; or 550 (ii) used the premises for a purpose other than that for which they were let; or	 (c) that the tenant without obtaining the consent of the landlord has before the commencement of this Act	 (i)sub let	 assigned or otherwise parted with the possession of	 the whole or any part of the premises;	 or (ii)used the premises for a purpose other than that for which they were let; or (k)that the tenant has	 whether before or after the commencement of this Act	 caused or permitted to be 	caused substantial damage to the premises	 or notwithstanding previous notice has used or dealt 'with the premises in a manner contrary to any condition imposed on the landlord by the Government	 or the Delhi Improvement Trust while giving him a lease of the land on which the premises are situated;" The respondent constructed the building known as the Hotel Imperial	 New Delhi	 on land leased to him by the Secretary of State for India in Council under a perpetual lease deed dated July 9	 1937. By a deed dated August 18	 1939	 he leased to the appellant the hotel premises together with fittings and furniture for a term of 20 years commencing on September 15	 1939. On January 28	 1958	 the respondent instituted the present suit alleging that in breach of the express conditions of the lease dated August .18	 1939	 the appellant sub let portions of the premises and made unauthorised additions and alterations in the premises	 that on such breaches he was entitled to determine the lease and he did so	 by notice in writing dated January 6	 1958. He claimed eviction of the appellant on the grounds mentioned in cls. (b)	 (c) and (k) of the proviso to section 13(1) of the Act. The appellant filed its written statement on April 3	 1958 denying most of the material allegations in the plaint. The appellant also pleaded that the respondent had waived the breaches	 if any	 of the conditions of the lease by accepting rents with knowledge of such breaches and particularly by accepting rent on or about January 3	 1958. On April 24	 1958	 Sri P. L. Vohra	 counsel for the appellant	 made the following statement before the trial Court : "The plaintiff can seek ejectment of the defendant only under section 13 of Act 38 of 1952. In case the 551 plaintiff succeeds in establishing the liability of	 the defendant for ejectment on any of the grounds given in .section 13 of the Rent Act	 the defendant would not seek any protection under the terms of the lease deed dated 18th August	 1939 executed between the parties	 as regards the period of lease fixed therein. " Having regard to the pleadings and statement of counsel	 the Court settled the following issues on May 12	 1958 : "1. Whether the defendant had sublet	 assigned or otherwise parted with possession	 of any part of the suit premises before the commencement of Act 38 of 1952 ? 2. If so	 was the same done with express or implied consent of the plaintiff ? 3. Whether the defendant had sublet	 assigned or otherwise parted with possession of any part of the suit premises after the commencement of Act 38 of 1952 ? 4.If so	 was the same done with the prior consent in writing of the plaintiff ? 5.Whether the defendant has used the tenancy premises for a purpose other than that for which they were let ? 6. Whether the defendant has caused substantial damage to the tenancy premises ? 7. Whether the defendant notwithstanding previous notice has been. using and dealing with the tenancy premises in a manner contrary to the conditions imposed on the plaintiff by	 the Government while giving him lease of the site of the tenancy premises ? 8. Is the defendant entitled to special cost ? 9. Whether the plaintiff is estopped or has waived his right to seek ejectment of the defendant on any of the grounds mentioned above ? If so	 what and to what effect ? 10.Whether the defendant is entitled to sublet any part of the hotel premises even when there was a clause to the contra in the lease dated the 18th August	 1939. and in face of statutory provisions under the Rent Control Act (for reasons given in para 16 of the amended written statement) ?" A tenant holding premises under a subsisting lease is pro tected by the lease and needs no protection under the Rent Act. It was open to the appellant to contend that it was protected by 552 the terms of the lease dated August 18	 1939	 that the breaches	 if any	 of the conditions of the lease had been waived by the respondent and that the lease had not determined. But the appellant deliberately elected to seek protection under section 13 of the Act only. The appellant 's counsel made a ' formal statement in the trial Court that the appellant would not seek any protection under the terms of the lease deed as regards the period of the lease fixed therein. The Court accordingly settled the ten issues. Issue No. 8 was not pressed. All the other issues relate to thegrounds of eviction mentioned in cls. (b)	 (c) and (k) of theproviso to section 13(1) of the Act. Issue No. 9 raises the question of waiver of the respondent 's right to seek ejectment on those grounds. Thus	 the only questions in issue between the parties was whether the appellant was entitled to protection from eviction under section 13 and whether any ground for eviction under the Act was made out. The case was tried and decided on this footing. We have come to this conclusion after a close examination of the 'pleadings	 particulars	 statement of counsel	 issues and the judgment of the trial Court. No issue was raised on the question whether the breaches of the express conditions of the lease had been waived by the respondent	 and whether the lease was still subsisting. The appellant sought to raise this plea in the High Court and also in this Court Having regard to the deliberate stand taken by the appellant in the trial Court	 the appellant cannot be allowed to raise the plea at a later stage. The lease determined by efflux of time on September 15	 1959. Had the appellant taken the plea that the lease had not determined by forfeiture on the date of the institution of the suit	 it is possible that the respondent might have filed another suit for ejectment of the appellant immediately after September 15	 1959. Because of the stand taken by the appellant	 it was not necessary for the respondent to file another suit. This appeal must be decided on the footing that the lease had determined by forfeiture on the date of the institution of the present suit. The respondent is entitled to a decree for eviction if any of the grounds mentioned in cls. (b)	 (c) and (k) of the proviso to section 13(1) is made out. The trial Court answered issue No. 5 in the negative. With regard to all the other issues	 the trial Court found in favour of the respondent	 and held that the grounds of eviction mentioned in cls. (b)(1)	 (c)(i) and (k) were proved. With regard to the ground of eviction mentioned in cl. (k)	 the trial Court held that the appellant was entitled to relief on certain conditions. The trial Court	 however	 held that the respondent was entitled to an unconditional decree	 for eviction on the ground of sub letting mentioned in cls. (b)(i) and (c)(i). The appellant preferred 553 an	 appeal to the High Court. The High Court agreed with all the findings of the trial Court	 and dismissed the appeal. The two Courts concurrently found that the appellant had sub let several rooms	 counters	 showcases and garages. The two Courts found that the appellant had sub let rooms to (1) Pan American World Airways	 (2) Mercury Travels	 India (Private) Ltd.	 travel agents	 (3) Indian Art Emporium	 dealers in curios and jewellery	 (4) Shanti Vijay and Co.	 dealers in jewellery	 (5) Roy and James	 hairdressers	 (6) Sita World Travels	 travel agents and (7) Ranee Silk Shop	 dealers in saris and curios. The businesses of the sub lessees were not confined to the residents of the hotel. The letting to Pan American World Airways and Indian Art Emporium were before the commencement of the Act and the lettings to Mercury Travels	 Shanti Vijay and Co.	 and Roy and James were after the commencement of the Act. Sita Travels and Ranee Silk Shop were inducted as tenants after the institution of	 the suit. The entrances to the rooms were in 	the main corridor of the hotel on the ground floor. The concurrent finding is that the occupants were given exclusive possession of the rooms occupied by them. The appellant did not retain any control and dominion over the rooms. It is possible that the keys of the apartments were sometimes left at the reception counter	 but the evidence on this point was not convincing. It was not a condition Of the grants that the keys would be left at the reception counter	 or that the duplicate keys would be retained by the appellant. The occupants were at liberty to take away the keys if they liked '. The occupants availed themselves of the services of the hotel sweeper for	 their own convenience. The appellant retained control of the corridor	 but it is common case before us that the entrance to the corridor was open day and night. The occupants paid monthly sums to the appellant as the consideration of the sub leases. The consideration though described as license fee was in reality rent. The portion occupied by Roy and James has an interesting history. It was formerly sub let to R. N.	 Kapoor. In Associated Hotels of India Ltd. vs R. N. Kapoor(1)	 this Court held by a majority on a construction of the grant to R. N. Kapoor that he was a lessee and not a licensee. Roy and James began to occupy this portion of the premises from February	 1955. According to the appellant	 the agreements with Roy and James	 Mercury Travels and Shanti Vijay and Co.	 were in writing. The appellant produced several documents in Court at an early stage of the suit. The appellant 's case was that these documents were the relevant agreements. According to the respondent	 the documents were not genuine and the real agree (1) [196] 1 S.C.R. 36F 554 meats were being withheld. The stamp auditor noted on the documents the deficiency in stamps and penalty leviable on them on the footing that they were lease deeds. The appellant did not contest this note nor paid the penalty and deficiency as directed by the trial Court. The surprising feature of the case is that the appellant did not attempt to prove any of the documents. Where the agreement is in writing	 it is a question of construction of the agreement whether the grant is a lease or a license. It was for the appellant to prove the written agreements	 and the Court could then construe them. The appellant has not brought before the Court the best and the primary evidence of the terms on which the apartments were being occupied. The onus to prove sub letting was on the respondent. The respondent discharged the onus by leading evidence showing that the occupants were in exclusive possession of the apartments for valuable consideration. The appellant chose not to rebut this prime facie evidence by proving and exhibiting the relevant agreements. The documents formed part of the appellant 's case. The appellant bad no right to withhold them from the scrutiny of the Court. In the absence of the best evidence of the grants	 the Courts below properly inferred sub lettings from the other materials on the record. The test of exclusive possession	 though not conclusive	 is a very important indication in favour of tenancy	 see Addiscombe Garden Estates Ltd. and Anr. vs Crabbe and Ors.(1) The argument is that as the landlord is living in the premises	 that fact raises the presumption that he intends to retain the control of the whole of the premises and that the occupation of the other parts is that of a lodger or inmate and not that of a tenant	 and reliance was placed on Helman vs Horsham Assessment Committee(2) and the cases referred to therein. Those cases consider what constitute rateable occupation. In the case last cited	 Denning	 L. J. said that a person who is regarded as a lodger for rating purposes need not necessarily be a lodger for the purposes of the Rent Restriction Acts	 while Evershed L.J. seems to have expressed a contrary opinion. Normally	 an occupier of an apartment in a hotel is in the position of a licensee as the hotel keeper retains the general control of the hotel including the apartment. But it is not a necessary inference of law that the occupier of an apartment in a hotel is not a tenant. Where	 as in this case	 the hotel keeper retains no control over the apart ment	 the occupier is in the position of a tenant. In Halsbury 's Laws of England	 Vol. 23	 article 1028	 p. 433	 the law is accurately summarised thus "A lodger who has no separate apartment is only a licensee	 and	 even though he has a separate apart (1) 	 525. (2) 555 ment	 he has not in law an exclusive occupation	 and is therefore in the position of a licensee	 if the landlord retains the general control and dominion of the house	 including the part occupied by the lodger; but	 if in fact the landlord exercises no control over that part	 the occupier is a tenant. The occupier does not	 however	 become a lodger merely by reason of the fact that the landlord resides on the premises and retains control of the passages and staircases and other parts used in common. " On the question whether the occupier of a separate apartment in a premises is a licensee or a tenant	 the test is has the landlord retained control over the apartment ? The fact that the apartment is a room in a hotel may lead to the inference that the hotel keeper retains the general dominion of the en tire hotel including the apartment and that the occupier is in the position of a lodger or inmate. But the inference is not a necessary inference of law. Where	 as in this case	 the best evidence of the rant was withheld from the scrutiny of the Court	 the inference was rightly drawn that the occupiers were tenants. At the hearing of this appeal	 the appellant moved an appli cation for reception of the documents as additional evidence. The genuineness of the documents was disputed by the respondent. In the Courts below	 the appellant made no attempt to prove these documents. We found no ground for directing a new trial. Having regard to all these facts	 we dismissed the application. The hotel building constitutes premises within the meaning of section 2(g) of the Act. ' It is because the hotel building constitutes Premises that the appellant can claim protection from eviction under the Act. A room in a hotel is a part of the hotel premises. A sub letting of a room in a hotel in contravention of cls. (b) and (c) of the proviso to section 13(1 ) is a ground for eviction under the Act. Section 2(g) provides that 'premises ' does not include " a room in a hotel or lodging house. " The sub lessee of a room in a hotel is	 therefore	 not a tenant and cannot claim protection under section 13 from eviction	 nor can he ask for fixation of standard rent. see Associated Hotels of India Ltd. vs R. N. Kapoor(1). If the interest of the tenant of the hotel premises is determined	 the sub tenant to whom a room in the hotel has been lawfully sublet becomes under s	 20 a direct tenant of the landlord	 It may be that when the sub tenant of a room in a hotel becomes a direct tenant under section 20 he enjoys the protection of the Act because the room is no	 longer a room in a hotel. But that point does not arise and need not be decided. Because a room in a hotel is not (1) ; 556 premises	 it does not follow that the room is not a part of the hotel premises or that a sub letting of the room is not a contravention of cls. (b) and (c) of the proviso to section 13(1). The Courts below concurrently found that the sub lettings after the commencement of the Act were made without obtaining the consent of the landlord in writing	 and the sub lettings before the commencement of the Act were made without obtaining the consent of the landlord either orally or in writing. We are not inclined to interfere with this concurrent finding. It is said that by the lease deed dated August 18	 1939 the respondent impliedly consented to this sub letting. Clauses 21 .and 22 of the lease are in these terms "21. That the lessee shall not be entitled to either transfer or sub lease the premises or any part thereof to any other party without the written consent of the lessor and on such transfer	 both the transferee and the lessee shall be liable for the payment of rent to the lessor and responsible to deliver	possession of the building and equipments in the same condition as when taken. 22.That the lessee will use the premises only for the purpose of running a first class hotel. " It is 	aid that for the purpose of running a first class hotel it was necessary to sub let the apartments. It is impossible to accept the contention. A hotel keeper may run a first class hotel without sub letting any part of it. Clause 21 clearly provided that the lessee shall not sub lease the hotel premises or any part thereof. In the teeth of cl. 21	 it is impossible to read in cl. 22 an implied consent to sub letting. Reliance is placed on the correspondence passed between the Land Development Officer	 New Delhi and the respondent bet ween April 1948 and February 1949 for establishing that the respondent gave written consent to the sub lettings. The Land and Development Officer was then complaining of the occupation of portions of the premises by Pan American World Airways and other persons. By his letters dated November 4	 1948 and February 23	 1949	 the respondent requested the Land and Development Officer to regularise the matter adding that in an first class hotels counters of air lines and show rooms of jewellery and curios were always provided. These letter	.; do not amount to a consent in writing to sub lettings of portions of the hotel to the persons mentioned therein. Moreover	 the consent	 if any	 'was to the sub lettings made before 1949 and not to the sub lettings made thereafter. It is not possible to infer from these letters a general consent to all sub lettings. 557 It is argued that the respondent waived the requirement of consent to the sub letting. Any subletting in breach of the provisions of cl. (b) of the proviso to section 13 ( 1) is an offence punish able under section 44. Assuming that the landlord can waive the requirement as to consent	 it is not shown that the respondent waived it. A waiver is an intentional relinquishment of a known right. 	 There can be no waiver unless the person against whom the waiver is claimed had full knowledge of his rights and of facts enabling him to take effectual action for the enforcement of such rights. See Dhanukdhari Singh vs Nathima Sahu(1). It is said that the respondent knew of the sub lettings as he frequently visited the hotel. It appears that he visited the hotel up to 1953 and he must have known of the occupation of R. N. Kapoor	 Indian Art Emporium and Pan American World Airways. But he came to know of the other lettings in January 1958 only. Moreover	 the precise nature of the grant was never communicated 	to the respondent. The Courts below rightly held that the respondent did not waive his right to evict the appellant on the 	 rounds mentioned in cls. (b) and (c) of the proviso to section 13 (1). We are therefore satisfied that the respondent is entitled to evict the appellant on the ground of sub letting of the rooms. The Courts below held that the appellant had also sublet several counters	 show cases and garages to various persons. We express no opinion on the question whether there was any sub letting of the counters	 show cases and garages. The sublettings of the rooms are sufficient grounds of eviction tinder cls. (b) and (c) of the proviso to section 13(1). Clause 2(v) of the head lease granted by the Government to the respondent provided that the respondent would not	 without the previous consent in writing of the Chief Commissioner. Delhi or a duly authorised officer	 erect or suffer to be erected on any part of the demised premises any building other than the buildings erected there on the date of the lease. The appellant had due notice of the conditions of the head lease. Notwithstanding such previous notice	 the appellant dealt with the premises in a manner contrary to the conditions imposed by cl. 2 (v). The Courts below found that contrary to this condition	 the appellant made several unauthorised constructions without obtaining the requisite consent. To give one illustration	 the appellant admittedly constructed a room 16 ft. 6 in X 19 ft. 6 in. with R.C.C. slab and brick masonry walls. This newly constructed room was let to Shanti Vijay and Co. On the ground of unauthorised construction of this room alone it must be held that the appellant in contravention of cl. (k) of the proviso to section 13 (1)	 notwithstanding previous notice	 dealt with the premises in a manner contrary to (1) 	 852. 558 a condition imposed on the respondent by the Government while 	giving him a lease of the land on which the premises are situated. The notice of the conditions imposed by the head lease was sufficient notice for the purposes of cl. The ground of eviction under cl. (k) was thus made out. The Courts below also held that the appellant caused substantial damage to the premises. We express no opinion on it	 and this question is left open. It follows that the respondent is entitled to evict the appellant on the grounds mentioned in cls. (b) (i)	 (c) (i) and (k) of the proviso to section 13(1). In the result	 the appeal is dismissed with costs. The execution of the decree is stayed for a period of six months from today. The appellant through Mr. A. K. Sen gives an undertaking that the appellant will hand over to the respondent	 on the expiry of six months	 vacant possession of the entire hotel premises except the portion in the possession of sub lessees. Y.P. Appeal dismissed.

The respondent landlord of a hotel filed a suit for eviction of his tenant appellant under section 13(1) proviso (b) and (c) of the Delhi and Ajmer Rent Control Act	 1952 on the allegation that the appellant had sub let several rooms. These occupants were doing business	 which were not confined to the residents of the hotel. The occupants were given ex clusive possession of the rooms occupied by them. The appellant did not retain any control and dominion over these rooms. It was not a condition of the grants that the keys would be left at the reception counter	 or that the keys would be retained by the appellant. The occupants were at liberty to take away the keys if they liked. The occupants availed themselves of the services of the hotel sweeper for their own convenience. The appellant retained control of the corridor	 but the entrance to the corridor was open day and night. The occupants paid monthly sums to the appellant as the consideration of the sub leases. The appellanttenant denied the allegations and pleaded that the respondent landlord had waived the breaches	 if any. The suit was decreed which the High Court	 in appeal maintained HELD : The landlord was entitled to the decree for eviction. [558 B] On the question whether the occupier of a separate apartment in a premises is a licensee or a tenant	 the test is has the landlord retained control over	 the apartment Normally	 an occupier of an apartment in a hotel is in the position of licensee as the hotel keeper retains the general control of the hotel including the apartment. But it is not a necessary inference of law that the occupier of an apartment in a hotel is not a tenant. A hotel keeper may run a first class hotel without sub letting any part of it. Where as in this case	 the hotel keeper retained no control over the apartment	 the occupier was in the position of a tenant. The onus to prove sub letting was on the respondent. The respondent discharged the onus by leading evidence showing that the occupants were in exclusive possession of the apartments for valuable consideration. The appellant chose not to rebut this prima facie evidence by proving and exhibiting the relevant agreements. [553 D; 554 C D	 F H; 555 C; 556 E] Under section 2(g) "premises" does not include " a room in a hotel or lodging house". The sub lessee of a room in a hotel is	 therefore	 not a tenant and cannot claim protection under section 13 from eviction	 nor can he ask for fixation of standard rent. But	 because a room in a hotel is not premises	 it does not follow that the room is not a part of the hotel premises or that a sub letting of the room is not a contravention of cls. (b) and (c) of the proviso to section 13(1). [555 F G 556 A] Associated Hotels of India Ltd. vs R. N. Kapoor	 [1960]1 S.C.R. 368	 followed. Addiscombe Garden Estates Ltd. & Anr. vs Grabbe and Ors. and Helman vs Horsham Assessment Committee	 [1949] 2 K.B. 335	referred to. 549 A waiver is an intentional relinquishment of a known right. There can be no waiver unless the person against whom the waiver is claimed had full knowledge of his rights and of facts enabling him to take effectual action for the enforcement of such rights. Assuming that the landlord can waive the requirement as to consent	 it was not shown that the respondent waived it. It is said that the respondent knew of the sub lettings as be frequently visited the hotel up to 1953 and he must have known of the occupation of some of the occupants. But he came to know of the other lettings in 1958 only. Moreover	 the precise nature of the grant was never communicated to the respondent. [557 B D] Dhanukdhari Singh vs Nathima Sahu	 	 referred to.