short "Bombay Rent Act") prevented creation of any sub-tenancy or assignment or transfer in any manner of the interest of a tenant ... regard to a general restriction imposed in the lease deed on assignment of tenancy interest by the lessee that such general restriction on assignment does
petitioner about the assignment of the business along with the stock-in-trade and the goodwill and incidental assignment of the tenancy rights as permitted ... Despite the registered deed of assignment, the Courts below have held that there was no valid assignment of the tenancy rights. The notification issued
with a person whose contractual tenancy still subsists. The incidents of such tenancy and a contractual tenancy must therefore be the same unless any provision ... learned counsel for the respondent further submitted that if a tenant assigns the tenancy to the assignee there is no question of payment of rent
proviso does not enable the tenant to assign the tenancy in a case where there is a prohibition against the assignment in the contract ... consideration in the present case is whether a statutory tenancy can transfer his tenancy rights as a going concern under the proviso to section
native place sometime in the year 1963. He, while leaving Mumbai, assigned his tenancy rights in favour of respondent ... furniture and tenancy rights of the suit premises incidental thereto. Their claim was not of sub-tenancy but their claim was of tenancy by virtue
Abdulgafar A. Nadiadwala vs Assistant Commissioner Of Income Tax ... on 29 March, 2004
Equivalent citations
explaining the scope of the word 'assignment' as used under Section 43 of the Bombay Tenancy and Agricultural Lands Act, 1948 wherein ... tenancy rights in respect of such holdings. Since there is no special provision under the tenancy laws providing to devolution of tenancy rights of deceased
stated that the tenant was unaware of the assignment and there was no attornment of tenancy by present landlord.
5. Landlord in order to establish ... tenanted premises and the tenancy granted to him by the original landlord is indivisible and an assignment of a portion of the tenanted premises would
tenancy on the ground of determination of the tenancy was bad because it does not give any reason for determination of tenancy. Against this counsel ... notice that "your tenancy is terminated" is held to be valid notice for termination of tenancy without assigning any reason.
12. In view
plaintiff, is
the alleged tenancy. The plaint does not contain any averment when the said
oral tenancy agreement was entered into between the parties ... cause. In the absence of any
material to accept the assignment and the alleged tenancy, the plaintiff would
not be entitled
