lessor by mutual agreement between them.
This exposition of assignment of tenancy rights has been affirmed by the Supreme Court in its latter decision ... admittedly refused. The tenancy was a protected tenancy by the Control of Rent Ordinance No. 2 of 1956. The tenancy was validly terminated with
contractual tenancy or not. In my opinion there is no contradiction between the contractual tenancy and a tenancy at will, if the tenancy at will ... said tenancy cannot be treated "as a contractual tenancy. Of course, a contractual tenancy which possesses the characteristics of a tenancy at will
some detail. First, it may be considered whether this constitute assignment. In an assignment the assignor transfers the totality of his right, title and interest ... remainder to his partners, it is evident that he cannot assign the tenancy interest to a partnership of which he himself along with others
tenancy arises when a tenant under the contractual tenancy-whether the contractual tenancy be a tenancy from month to month or from year to year ... assign the original tenancy was not a term or condition of the original contract of tenancy but an incident of the tenancy created
there has not been any sub-letting or transfer or assignment of the tenancy rights and that the contractual rent was excessive and therefore ... regarding the sub-letting of the premises or transfer or assignment qua the tenancy right is concerned, it has been averred that the defendant
there was assignment or there was transfer, and in its conclusion, it held that in view of the assignment, sub-tenancy is proved. It accordingly ... court with an allegation that the tenant has created sub-tenancy or has assigned the premises or has transferred the same, then, the moment
Junagadh. Allegation of sub-letting or transfer of interest in tenancy or assigning of tenancy right by the defendant no. 1 to the defendant ... suitable residence for him, and that, he had illegally assigned or transferred tenancy rights in favour of the defendant no. 2. With these findings
that the original lessee in
defiance of the terms of the tenancy assigned
his whole interest in favour of Marsden Mills
without making any construction ... occupation from claiming and/or receiving any
consideration/premium for transferring/
assigning tenancy rights and or surrendering
the tenancy rights and for that reason
tenant in suit
premises. Therefore, question of transferring or assigning rights of
tenancy in favour of present petitioner does not arise. According to
defendant ... suit premises of
defendant No.2 it amounts to transferring and assigning tenancy right
by defendant No.1 in favour of defendant No.2. Therefore
leasehold right to
defendant No.1 and thus there was assignment of tenancy
right. According to him, this has happened in 1965. He has
submitted ... also referred to the paper-book
(page-24) which is assignment of tenancy right to which
defendant No.1 and Shantilal Shah and other wherein
