seek
eviction under the PP Act after determination of tenancy, without
assigning any reasons.
c) reliance is placed on Ratan Kumar Tandon Vs. State ... this Court held that
justifiability of an action of termination of tenancy is not open to
judicial review;
LPA Nos.9/2012,30/2012
goodwill thereof and as incidental to that transaction the tenancy of the premises was assigned to him that case was not accepted by the learned ... finding of the learned Assistant Judge that there was no assignment of the tenancy of the premises by defendants Nos. 1 to 3 to defendant
question as constituting tenancy at will.
If the tenancy is held to be a tenancy at will, the assignment would be invalid and the plain ... lease
creates either a permanent tenancy or a tenancy for the lifetime of the tenant then the assignment would be valid and the plaintiffs would
receiving any payment in consideration of relinquishment, transfer or assignment of his tenancy. Sec. 48(1)(b) of DRC Act prescribes penalty for contravention ... receiving any payment in consideration of relinquishment, transfer or assignment of his tenancy, and s. 48(1)(b) of the DRC Act implicates the penalty
which the court has to decide is whether there was a single tenancy, as
is asserted by the plaintiff, or whether there were multiple tenancies ... This establishes that the two were separate entities. However, the
tenancy was assigned or devolved in favour of the defendant company.
37. The first decision
entitled to terminate the tenancy of the excluded tenant of his title is derived by the assignment or the court sale or otherwise the successor ... entitled to terminate the tenancy of the excluded tenant if his title is derived by assignment or the court sale or otherwise, the successor
tenant ceases to be in occupation upon
termination of his tenancy, eviction,
assignment or transfer in any other manner of
his interest in the premises
view, the High Court misconceived the nature
of the tenancy. A tenancy except where it is at will, may
be terminated only on the expiry ... India (1):
"There is a clear distinction between an
assignment of a tenancy on the one hand and a
relinquishment or surrender
shop and there was no variation in the terms of the tenancy in the subsequent lease deed executed by him. In M. Devasakayam v. Thiruveedi ... containing prohibitive clauses forbidding the tenant from sub-letting or assigning his tenancy and also from tethering cattle on the land. Having regard
Abdulgafar A. Nadiadwala vs Assistant Commissioner Of Income Tax ... on 29 March, 2004
Equivalent citations
