liability to assign--Suit for specific
performance by purchaser--Maintainability--Lease
deed--Covenant prohibiting assignment of lease without
lessor's consent, "such consent ... consent to the assignment of the lease and on the same day
the lessor in reply declined to give his consent without
assigning any reason
assignment is a ground of eviction of
both the assigning tenant and the assignee, and in the event
of an assignment without the consent ... landlord to an
assignment either expressly or by necessary implication.
The assignment to the appellant was without the consent in
writing of the respondents
would not
be a breach of a covenant against the assignment
without the consent of the landlord."
This decision has got no application ... rights would be a breach of covenant against
assignment without the consent of the landlord.
We have already stated hereinbefore that the 1st
appellant company
unilaterally...”
33. In any case, obligations under a contract cannot be assigned,
without consent of the counterparty, as laid down by this Court in
Khardah ... assignments. As a rule obligations under a
contract cannot be assigned except with the consent
of the promisee, and when such consent is given
assessed could not grant any sub-license nor assign the same without consent of Westinghouse. Further, we observed that the actual period of agreement being ... written consent. (Clause 12). 5. The assessed could not assign the agreement without written consent. (Clause 18 and proviso to clause 16). 6. The assessed
property Act, 1892, there was a covenant not to assign without consent Under Section 3 of the Act of 1892, the Legislature prevented the exaction ... from availing himself of the lessee's covenant not to assign without licence as an indirect instrument of profit falls properly within the category
assumption that the lessee had the right to assign without the consent of the lessor. But I may point out that the law is clear ... consent of the lessor is required and the lessee assigns without such consent, the assignment is valid and operative, and the only right that
Conditions of landlord's consent to assignment: Where a lease contains a covenant, condition or agreement against assigning, under letting or parting with ... respect of such license or consent...............If consent is refused except on payment, the tenant is entitled to assign without consent............"
It has further
lessor may reenter upon the said premises. The lessee assigned-the premises without the lessors consent and the assignee of the lessor thereupon sued ... upon a forfeiture by reason of the breach not to assign without the lessors consent. The defence of the assignee of the lessee was that
submitted that it prevents a tenant from transferring, subletting, assigning any premises without consent of the landlord in writing. Section ... that a subletting after the commencement of the Act without previous consent in writing of the superior landlord is not binding upon the superior landlord
