interest in the property and may nto be competent to assign the tenancy rights. The matter requiring closer consideration arises in the case of subsisting ... official liquidator seems to be artificial. When the liquidator assigns the tenancy, his act is that of the company and, therefore, the liquidator acts
assign his interest as such tenant, farmer or
lessee"
19. Assignment of lease therefore does not lead to
extinguishment of tenancy pursuant ... lessee of his obligations. Relinquishment of tenancy is
different from assignment of tenancy. Relinquishment must be to the
lessor and under Section
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
document from which the consent to the creation of the sub-tenancy, assignment or parting with possession can be ascertained with certainty. In writing, only ... estate to assign or transfer. To read the clause as meaning that an assignment or transfer of any premises which attracts liability to eviction would
Kapur J. in these words : "when the Liquidator assigns the tenancy his act is that of the company and, therefore, the Liquidator acts ... tenant-company acts through its directors or the liquidator in assigning the tenancy rights. True, that under section 457, the Liquidator can sell property with
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
Company, USA,
with effect from the date of sub-letting / assignment of the tenancy premises
to the defendant no.1 Singer India Limited became liable ... includes a sub-tenant. The
jurisdiction to determine, whether the sub-tenancy or assignment was done
without consent in writing of landlord has been conferred
statutory prohibition under the Delhi Rent
Control Act against any assignment of the tenancy rights may be by
way of a Will in favor ... case of a commercial tenancy, bequeathing the
tenancy rights in such tenancy by tenant contractual or
statutory only in favour of one of the legal
statutes and his acts are
acts of the company. When he assigns the tenancy or other ... assets,
it is assignment by the company. For this reason, the Official
Liquidator cannot receive any price for assignment of the tenancy
in view
neither an assignment nor an assignment by the transferor-company, no further question as to the transferability of any tenancy rights or permission ... rights in the tenancy would be unaffected by the mere fact that contractual tenancy had been determined and the right of assignment was subject
