openings on the two sides has
been assigned No. 6/482 while the remaining entire shop is assigned
Door No. 6/481. The property ... complete on execution of the deed of assignment and is not postponed
till the notice of the assignment. The Division Bench repelled the
submission that
ground of his having unauthorisedly sub-let assigned or parted with possession of portions of the tenancy premises without consent in writing of the landlord
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 ... tenant; or.
(b) transfer or assign his rights in the tenancy or in any part thereof.
(2) No landlord shall claim or receive the payment
tenant; or (b) transfer or assign his rights in the tenancy or in any part thereof. xxxxxxxxxxxx 14. Protection of tenant against eviction (1) Notwithstanding ... tenant has, on or after tile 9th day of June, 1952, sublet, assigned or otherwise parted with the possession of the whole or any part
transferee-company and it is neither an
assignment of right or property nor an assignment of the property by the
company. On amalgamation, the transferor ... Indian Company, incidental to the assignment of the
business as a growing concern, the Foreign Company also assigned the
monthly and other tenancies
always conducted
by Indrachand, who was minor on 16.12.1968 when the tenancy
commenced. Later the business has been converted into a
partnership business. Indrachand ... premises as also
assignment or transfer in any other manner of the lessee's
interest in the tenancy premises. The exact nature of
transaction
lessee both at the same time. The
smaller estate of sub-tenancy shall sink or drown into
the larger estate of ownership ... right of
the landlord against splitting up of the integrity of the
tenancy, inhering in the inhibitions of his own contract,
does not visit
after the 9th day of June, 1952, sub-let, assigned or otherwise parted with the possession of the whole or any part of the premises ... June, 1952, sub-letting, assigning or otherwise parting with the possession of the whole or any part of the tenancy premises, without obtaining the consent
assisting another person to set up such a claim entails forfeiture of
tenancy, said Lord Lyndhurst, C.J. in Doed Ellerbrock v. Flynn ... further information, will not be enough".
After the creation of the tenancy if the title of landlord is
transferred or devolves upon a third
prohibited in specific terms
both subletting as well as transfer or assignment of the interest of the tenant.
By the order of amalgamation, the interest ... rights of the transferor company in
all its properties including leasehold interest tenancy rights and possession
were transferred and vested in the transferee company voluntarily
