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Sub-s' (5) provides for the punishment to be awarded to a landlord for violation of sub-ss. (2) and (3) of s. 6. There is an Explanation to s. 6, of which cl. (a), which is material, for our purpose, is as follows :

"Explanation.-For the purpose of this section-

(a) premises which are in the occupation of the landlord, the tenant or the sub-tenant, as the case may be, shall be deemed to be or become vacant when such landlord ceases to be in occupation or when such tenant or subtenant ceases to be in occupation upon termination of his tenancy, eviction, assignment or transfer in any other manner of his interest in the premises or otherwise, notwithstanding any instrument or occupation by any other person prior to the date when such landlord tenant or sub-tenant so ceases to be in occupation."

(a) to s. 6, of the Requisition Act, refers to a vacancy 'deeming to occur' on an assignment or transfer of a tenancy interest, the assignment or transfer dealt with therein must be one, which does not come under the permissible assignment or transfer, by virtue of the notification issued under the- proviso to s. 15 of the Rent Act. That is, the assignment or transfer of a tenancy interest referred to in the Explanation to s. 6 of the Requisition Act, can relate, or must be considered to relate, only to prohibited assignments under s. 15 of the, Rent Act. If that is so, according to the petitioners, in this case there is no vacancy when an assignment of the tenancy rights, in the manner prescribed under cl. (2) of the Notification, was taken by the petitioners. Therefore, inasmuch as there is no vacancy, the State Government has no right or jurisdiction to requisition the premises, under s. 6 of the Requisition Act.

We have already referred to the fact that the Rent Act was enacted for the purpose of amending and consolidating the law relating to the control of rents and repairs of certain premises, of rates of hotels and lodging houses and of evictions. A perusal of the various provisions will clearly show that the rent Act deals, substantially, with the relationship of landlord and tenant, in the matter of eviction, payment of rent, increase of rent under certain circumstances and the circumstances under which the landlord can .get possession of the property. There are provisions relating to residential and other premises and hotels and lodging houses. It is, in that context, that s. 15 occurs, which prohibits a tenant to :sub-let or transfer his rights, in the absence of a contract to the contrary. But certain types of assignment or transfer of tenancy rights can be permitted, under certain circumstances, by virtue of a notification issued by the State Government, under the proviso to s. 15(1) of the Rent Act. But, if a transfer or assignment of a tenancy right does not come within the purview of assignments or transfers permitted by the notification issued by the State Government, a transfer or an assignment of a tenancy right will be illegal and unlawful, under s. 15(1). Therefore, the fact that, in this case, the assignment claimed by the petitioner may come under cl. c(2) of the Notification, will only enable the petitioner to be in occupation of the premises under the Rent Act and the assignment of tenancy rights in his favour will not become illegal or unlawful, -as it otherwise would, under s. 15(1) of the Rent Act.

Section 6 of the Requisition Act gives power to the State Government to requisition vacant premises and, it is, in that context, that Explanation (a) to this section, has to be understood. Under that Explanation, there will be deemed to be a vacancy if a tenant assigns or transfers, in any manner, his interest in the premises. Section 15 of the Rent Act, cannot be read into any part of the Requisition Act, much less with S. 6 of the latter Act. Under s. 6 of the Requisition Act, notwithstanding the fact that an assignment of tenancy rights may have been made, which is permissible under the Rent Act, such an assignment can be deemed to create a vacancy of the premises, so as to give jurisdiction to the State Government to' requisition the same. There is no question of the Legislature, having given something to the petitioner, under the Rent Act, by permitting an assignment, under s. 15, and taking it away by requisitioning the premises, under s. 6 of the Requisition Act. Therefore, the contention of the learned counsel for the petitioner, that the transfer or assignment of tenancy rights, contemplated under Explanation (a) to s. 6 of the Requisition Act, must be understood in a limited manner, in the sense that they deal with prohibited assignments, under the Rent Act, cannot be accepted. The first contention, of the learned counsel, for the petitioner, will have, therefore, to be rejected.