importance as to the authority of any statutory tenant to assign his tenancy rights and is referred to the Division Bench by Kanade, J., because ... that a statutory tenancy is transferable in the same manner as the contractual tenancy is and prohibition against the transfer of tenancy right even
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
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
presumption in India must always be in favour of tenancy-in-common rather than joint tenancy" Mohd Jusab Abdulla v. Fatmabai Jusab Abdulla . Chagla ... transfer of plaintiff's interest in the tenancy. This transfer or assignment which admittedly does not attract the exceptions set out in paragraph
tenancy arises when a tenant under the contractual tenancy-whether the contractual tenancy be a tenancy from month to month or from year to year ... assign the original tenancy was not a term or condition of the original contract of tenancy but an incident of the tenancy created
statutory tenant and thereby it cannot be construed to be an assignment of tenancy rights, which the appellant landlord had entered into with the Esso ... tenant. Therefore, it does not amount to sub-letting assignment or parting with possession of tenancy rights by the tenant. The impugned order passed
there has not been any sub-letting or transfer or assignment of the tenancy rights and that the contractual rent was excessive and therefore ... regarding the sub-letting of the premises or transfer or assignment qua the tenancy right is concerned, it has been averred that the defendant
tenancy in relation to such property had been
granted to the Central Government and
thereupon all the rights under such lease or
tenancy shall ... lawful to sub-let, transfer or assign tenancy right, 'subject to any contract to the contrary', in other words, without the consent
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
Agreement dated 23rd March, 1981 with SOS to constitute
subletting or assignment of tenancy rights. The Additional Rent
Controller, however, without construing the terms ... amount to parting with
possession. Ordinarily the expression subletting or assignment of
tenancy rights or parting with possession mean positive acts of
subletting, assignment
