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
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
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
other flat to the employee on his transfer to another station and assign the
premises fallen vacant by virtue of transfer to any other employee ... surrounding circumstances
operates as a license and not as a tenancy. It creates no interest in
the land. It gives only a personal privilege
clause (q) thereof that words
and expressions defined in the Rajasthan Tenancy Act, 1955 and in the
Rajasthan Land Revenue Act, 1956 shall, wherever used ... have
to be construed to have the meanings assigned to them by the said Acts.
Further, the second proviso to sub-section (1) of Section
during the pendency of the
suit" the landlord had given on tenancy to (1) Khan jewellers; (2) Tarak
certain premises. No date of alleged ... during the pendency of
the 'suit' and no reason is assigned why the attention of the Trial Court
seized of the suit
learned counsel for the appellant has submitted that none of the
reasons assigned by the High Court or any of the Courts below could have ... order directing the tenant to put the landlord in
possession of tenancy premises in case of any building or rented land being
required bona fide
landlord and directed the tenant to put the landlord in possession of tenancy premises. On a revision preferred by the tenant, the High Court ... order of controller, though for reason at variance with the one assigned by the latter.
2. The facts in nutshell. The suit premises were initially
Madhukar D. Shende vs Tarabai Aba Shedage on 9 January, 2002
Equivalent citations: AIR 2002
