petitioners would prove the claim of tenancy i.e. either permanent
tenancy or sub-tenancy or assignment of any tenancy. There was no
case ... petitioners have never raised any claim of
permanent tenancy or sub-tenancy or assignment of any tenancy in their
favour. Admittedly Smt. Radha Hari Girkar
tenancy of the subject shop room subsequently.
Mere intention to abrogate tenancy expressed by the tenant alone,
in our view cannot abrogate the tenancy ... holder /opposite party that the
assignment of the shop room, even if it was construed as assignment of tenancy,
cannot be objected
tenant Mishrilal, in the property. The finding of fact, regarding sub-tenancy/assignment of the interest by the original tenant, recorded by the trial Court ... above, concurred with the finding of the trial Court regarding sub-tenancy/assignment of the interest in the suit property by deceased Mishrilal.
7. Learned
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
defendants No. 2 as an incident to that transfer he also assigned his tenancy rights in the suit premises. By giving what can be briefly ... assignment at all. What was in fact done was therefore an assignment of the tenancy right which was in contravention of S. 15.
5. Original
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
Rent Act contains
no provision prohibiting the transfer or assignment of tenancy rights
in the suit premises. On the contrary, Mr. Bhatt contends that ... condition of the relinquishment of the
transfer or assignment of his tenancy of any premises. Under the
1947 Act, there was prohibition to receive
petitioners. In the year 1974, Shantilal Makanji Dave
assigned tenancy rights in respect of the suit premises to Prabhulal
Khimji Thakkar ('Thakkar'). This ... petitioner instituting a suit
against Dave and Thakkar alleging unlawful assignment. The suit
was however dismissed. On the basis of evidence led in the
present
leased to Mallu by jenmi
Ayya Pattar and the tenant Mallu assigned his tenancy right to
the claim petitioner. If the petition schedule property ... petition, they have no case that the claim petitioner has got
assignment of tenancy right from their grandfather Mallu and that
the claim petitioner
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
