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1 - 10 of 15 (0.02 seconds)Section 13 in The Transfer Of Property Act, 1882 [Entire Act]
Section 106 in The Transfer Of Property Act, 1882 [Entire Act]
The Transfer Of Property Act, 1882
Section 2 in The Transfer Of Property Act, 1882 [Entire Act]
Section 111 in The Transfer Of Property Act, 1882 [Entire Act]
Section 113 in The Transfer Of Property Act, 1882 [Entire Act]
Anand Nivas (Private) Ltd vs Anandji Kalyanji Pedhi & Ors on 5 September, 1963
In Anand Nivas- (Private) Ltd. v. Anandji Kalyanji Pedhi &
Ors.(1), this Court in dealing with the analogous provisions
of the Bombay Rents, Hotel and Lodging House Rates Control
Act, 1947, explained the nature -of the right and interest
of a "statutory tenant" in premises in his occupation. It
was observed at p. 908 by the majority of the Court :
Rajasthan Rent Control Act, 2001
Krishna Prosad Bose vs Sm. Sarajubala Dassi And Anr. on 15 September, 1960
Counsel then contended that the Legislature has, notwith-
standing the disabilities of the, statutory tenant, by
express enactment conferred upon him the privilege of
inducting into the premises held by him a sub-tenant, who
would be entitled to claim the rights of a contractual
tenant against the landlord in the events mentioned in the
proviso to S. 12 (1) (c) and s. 13 (2). Relying upon the
definition of tenant in s. 2(11) of the Act, counsel argued
that in s. 12 the expression "tenant" includes a statutory
tenant as well as a contractual tenant, and that if a sub-
tenant in respect of a part of the premises is -protected by
the express provision contained in the provision 12(1)(c), a
sub-tenant of the entire premises whether the tenant is a
contractual tenant or a statutory tenant is entitled to
protection of the Act. According to counsel ss. 12(1) (c)
proviso and 13(2) are parts of a single scheme, and the
expression 'tenant' in both the sections includes a
statutory tenant, and sub-tenants inducted by the statutory
tenants in the premises are entitled to the protection of
the Act. Reliance in support of this contention was placed
upon a Full Bench judgment of the Calcutta High Court in
Krishna Prosad Bose v. Smt. Sarajubala Dassi and Anr. (2
wherein it was held that a tenant under the -Act includes an
extenant, that is, a tenant whose contractual tenancy has
come to an end, but who is still in possession (occupation)-
actual or constructive-of the premises; and such a tenant
who continues in possession by virtue of protection against
eviction under the West Bengal Premises Rent Control
(Temporary Provisions) Act, 1950, is entitled to sub-let the
premises and the sub-tenant may claim the benefit and
protection of S. 13 (2).