assignment-Requisition under Requistion Act-
Effect.
HEADNOTE:
By an assignment deed, the assignors, tenant of a premises
in Bimbay, carrying on shoe business therein, assigned ... purview of assignments or transfers permitted by the
notification issued by the State Government, a transfer or
an assignment of a tenancy right will
possession can be made under the
clause, is the tenant who assigned the tenancy, and (ii) the
clause in the lease by which the term ... assigned his
tenancy. No such order can, hence, be made against the
person to whom the tenancy has been assigned. As the
appellant was such
tenancy. His right to remain in possession after the
determination of the contractual tenancy is personal. It is
not capable of being transferred or assigned ... assignment or transfer by a contractual tenant,
that is, an assignment or transfer which is contrary to the
terms of the contract of tenancy, would
sustained.
There is a clear distinction between an assignment of a
tenancy on the one hand and a relinquishment or surrender on
the other ... flat to the complainant,
constitutes or evidences an assignment of the tenancy and
not a relinquishment. It says :--
"I, W.H. King, hereby hand
contained in Section 15
of the Bombay Act, the tenancy right could not have been assigned.
5) Partnership having been dissolved ... otherwise from the sub-tenant or assignee may acknowledge the sub-tenancy
or assignment and thus accept him to be his tenant
specific case of the appellant
that when he got assignment of tenancy and business of the
restaurant, the tenanted premises had already in it lofts ... conditioning units, were in existence long before the
appellant got the assignment of tenancy right in 1970. The
appellant in support of such contention about
holding that Section 21 of the Act of 1961 bars assignment of
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tenancy rights by way of bequeath. The learned counsel has relied ... Timma and has submitted that in
view of the prohibition over assignment of tenancy rights by way of
bequeath, Timma could not have claimed
respondent who was a refugee
from Sind got an assignment of the tenancy rights in a flat
in Bombay and went into possession ... Vakil. On the 29th
January, 1948, Ismail assigned his tenancy to the petitioner
and two others, the son and brother's daughter
their respective heirs, executors,
administrators and assigns, a mnthly tenancy of the and
together with the buildings standing thereon. It was agreed
with them that ... assignment were that........ the Assignors do and each of
them both hereby assign and assure with the Assignees as
Joint Tenants......... The deed of assignment
first appellant company terminating the
tenancy on the ground of subletting and/or transfer and
assignment of the interest of appellant No. 1 company ... joint counter contending that there was
neither subletting, nor assignment of the tenancy rights by
the first appellant to the second appellant
