specific case of the appellant
that when he got assignment of tenancy and business of the
restaurant, the tenanted premises had already in it lofts ... conditioning units, were in existence long before the
appellant got the assignment of tenancy right in 1970. The
appellant in support of such contention about
said to be a case of sub-letting, assigning or parting with possession of the tenancy premises.
(4) The Addl. Rent Controller found that Harbans ... Lilavati Chakravorty, , it was observed that in order to prove tenancy or sub-tenancy two ingredients had to be established, firstly, the tenant must have
document from which the consent to the creation of the sub-tenancy, assignment or parting with possession can be ascertained with certainty. In writing, only ... estate to assign or transfer. To read the clause as meaning that an assignment or transfer of any premises which attracts liability to eviction would
declared to be ineffective as a gift for the purpose of assignment of tenancy right is clearly insupportable. The Maharashtra Revenue ... Tribunal ignored the settled position in law that a tenant cannot assign tenancy rights in agricultural land by an instrument styled as a will vide
tenancy started only from 30-11-61, that is to say, the date of termination of tenancy. Defendants Nos. 2 and 3 had already assigned ... doubt purported to impose a blanket prohibition against subletting or assignment of tenancy rights as such. But the amendment which was brought into effect
January, 1923 intimated, to the owner that he had assigned his tenancy to D. Thereupon, the owner filed a suit. The question raised ... whether P. B. a statutory tenant, could assign his tenancy. Bankes L. J. said as follows:
"I think it is a pity that
rejected on 3rd August, 1993 holding specifically that there was no assignment of tenancy rights by the Company to the Bank. Letters Patent Appeal ... also held that there was hardly any distinction between contractual tenancy and statutory tenancy in this regard.
18. The judgment of the Supreme Court
tenant and Achuthan Kidavu was alleged to have taken assignment of the tenancy right in the year 1909 evidenced by Ext. A 1 in this ... assignment in his favour. During the pendency of the partition suit, Krishnan Kidavu assigned the tenancy right over these items to his children
held that in the fact and circumstances mentioned above, the monthly tenancy after assignment in favour of the plaintiffs was to commence from ... possessed. If it is held that since the date of assignment a new tenancy commenced, it will lead to an anomalous position, because then
some detail. First, it may be considered whether this constitute assignment. In an assignment the assignor transfers the totality of his right, title and interest ... remainder to his partners, it is evident that he cannot assign the tenancy interest to a partnership of which he himself along with others
