consideration of the grant, renewal
or continuance of a tenancy or subtenancy or subtenancy
of any premises,
(a) Claim or receive the payment ... receive any payment in consideration of
the relinquishment, transfer or assignment of his tenancy
or subtenancy, as the case may be, of any premises
further alleged that the respondents have damaged the said premises
under their tenancy and without the consent and permission of petitioner, they
have illegally built ... defaulters thereof.
8. As per petitioner, tenancy was single however respondents have now
sublet, assigned and parted with possession of the said tenanted premises
tenancy was within the knowledge of the
respondents. Vide notice dated 04.09.2012, respondents were again
informed that the tenancy has been assigned in favour
eleven months from 01.08.1994. Thereafter, the
tenancy of the defendant would stand converted to a month to month
tenancy, in absence of any other rent ... tenancy. Section 106 of the Transfer of Property
Act,1882 contemplates that a month to month tenancy may be
terminated without assigning any reason
receive any payment
in consideration of the relinquishment, transfer or
assignment of his tenancy or sub-tenancy, as the case
may be, of any premises ... entitled to receive any payment in
consideration of an assignment or relinquishment of the
premises, such a payment is unlawful. Once the consideration
become unlawful
have sub let,
assigned or parted with the possession of the whole of the tenancy
premises to the respondent no. 3 and 4 without consent ... commercial activities and the
tenancy commenced from 30.05.1981. However, after 30.05.1981 the
respondent no. 1 and 2 has sub let, assigned or parted with
under
DRC Act and much after the creation of the tenancy has sublet, assigned
or otherwise parted with the possession of the tenanted premises
residential purposes, however, the respondents had sublet,
assigned or otherwise parted with the possession of the tenancy premises
to M/s Abhipra Capital Ltd without ... petitioner has failed to prove that the respondents have sub-
let, assigned or otherwise parted with the possession of the suit premises
without the written
respondent.
The respondent has neither sub-let, nor assigned nor parted with the
possession of the tenancy premises, ever to anyone and that the same ... decided whether the respondent has sublet,
assigned or otherwise parted with the possession of the suit premises
without the written consent of the petitioner
dismissed the suit primarily holding that Prem Nath had assigned
all his tenancy right in the suit shop in favour of the Manak Chand after ... possession or with consent of Prem Nath also tenancy was not
transferable. Further continuance of tenancy in the name of Prem Nath till the
date
