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...Section 108(j) of the Transfer of Property Act, 1882, it was a term of every lease that the lessee might sublease the whole or any part of his interest in the ....3. In order to appreciate the submission of Shri Govindan Nair, we may set out the relevant statutory provisions. Section 108(j) of the Transfer of ...expressly prohibit subletting, the provision in Section 108(j) of the Transfer of Property Act which enabled a lessee to sublease the whole or any part of his interest i...
..., whether permanent or temporary, the claim to pay rent to the lessor it not extinguished by assignment under section 108(j) of the Transfer of Property Act....from privity of contract and privity of estate but he can take out only one execution. The principle of English law upon which section 108(j), Transfer of ...of opinion that in spite of the transfer the defendants were liable for rent to the plaintiffs, decreed the suit. On appeal, the learned Subordinate Judge versed the decision of the first Court on the...
...authority it has been held that in the absence of express permission by the landlord for sub-letting, general power of sub-letting as provided under section 108 (j) Transfer ...S.U Khan, J.:— Inspite of sufficient service no one has appeared on behalf of contesting respondents. Heard learned Counsel for the petitioner.2. Property in dispute is wakf...relating to control of rents and accommodations apply shall not be liable to attachment and sale in execution of decree. The said sub-section was inserted in the C.P.C by section 23 of the Act No....
...Section 15 of the Bombay Rent Act and Section 108(j) of the Transfer of Property Act. Clause (e) of Section 13(1) ...partner ship deed. The learned Counsel relies on Section 108(j) of the Transfer of Property Act. with reads as follows:
108. ...be satisfied because of the provision of Section 108(j) of the Transfer of Property Act. Section 15 makes it unlawful to sub...
...representative of the original lessee and under section 108(j) of the Transfer of Property Act, by which the present case is governed, the def...subject to the liability to pay rent only by reason of the transfer made by him in favour of a third person, It is open to the landlord to enforce his right under the covenant in the lease [see...1. In this case, the plaintiffs are the appellants. They brought the suit against their lessee for the rent of two holdings. The defence of the lessee was that he had transferred one of...
...lease must enure for the benefit of his heirs under Section 108(j) of the Transfer of Property Act.4. We have been referred to Vaman Shripad v. Mak...Macleod, C.J:— We think the judgment of the First Class Subordinate Judge was right. The question in dispute is whether a tenancy created by the lease, dated August 1, 1913, was permanent...so as to enure for the benefit of the defendant as heir of the deceased lessee Gulabram.2. The lease was constituted by a rent note by which the lessee said:This rent is...
...between the parties contained a clause interdicting any sub-lease without the written consent of the landlord. In other words, the argument was that the sub-lease was not lawful even under Section 108(j) ...-lease even a part of his interest in the property as provided in Section 108(j) of the Transfer of Property Act. A transferee from the lessee has a right to cl...interest, vis-à-vis the landlord, (vide Section 108 second para of clause (c) of the Transfer of Property Act). Thus a sub-lessee who has obtained a part of the interest...
.... 4242. Moreover, both the District Judge and the appellate bench based their decisions on what seems to me to be a mistaken view of the effect of Section 108(j) of the ...long as he pays the agreed rent, and the lease must enure for the benefit of his heirs under Section 108(j) of the Transfer of Property Act....heritable; and, if upon the true construction of the document before the Court all that is created is a tenancy for the life of the lessee, there is nothing in Section 108(j) of ...
...either before or after the coming into force of the Act, he is not protected from eviction under Section 13(1)(e), and it matters not that he had the right to sub-let the premises under Section 108(...sub-let without the permission of the landlord towards the end of 1947? and (3) is the sub-letting a ground of ejectment under clause (e) of Section 13(1) of the Rent Act?...-letting before the coming into force of the Act is within the purview of clause (e) of Section 13(1) depends upon the construction of that clause. The relevant words are “has sub-let”. The presen...
...’ in section 2 (ix) and also with the provisions of section 10(2)(ii) of the Act. He further observed that the transferee cannot avail himself of ...-debtor in the absence of specific provision in section 21 of the Rent Control Act or under rule 23(8) of the Rules framed thereunder. This Court...inducting himself in the place of the original tenant. Sambasiva Rao, J., as he then was, very rightly held that such position cannot be allowed and will be inconsistent with the definition of ‘tenant...
.... Reference is also made to Clause (J) of Section 108, Transfer of Property Act and also referred to Clause (e) and (h) of Section 41 ...Clause (j) of Section 108, Transfer of Property Act, which reads-
"(...;
(Underlined to lay emphasis)
43. The Respondents-on the basis of aforequoted Section 108 (J), Transfer of Property Act,...
..., nor is there any usage prohibiting such transfer. In the absence of any contract, usage or law to the contrary, the principle of Section 108(j) of the ...without his consent and therefore voidable at his instance under Section 41(7) of the C.P Tenancy Act. Defendants 2 and 3 do not contest the suit. Defendant 1 has pleaded...sufficient to protect it from avoidance under Section 41(7) of the C.P Tenancy Act, has been proved, yet by the transaction pleaded by defendant 1 to have taken place the day...
...obtained or did not obtain the right of transfer and therefore, apart from local usage, having regard to the fact that the contract said nothing about transfer, under Section 108(...Fletcher, J.:— The only matter urged in this appeal is this: The plaintiff brought the suit for khas possession of certain land not within but on the borders of the Noakhali Municipality...prohibiting transfer by a person holding an osat raiyati interest without the consent of the landlords. Therefore the interest is not capable of being transferred except by and subject to the consent...
...can Section 108, Clause (j) of the Transfer of Property Act, apply as agricultural tenancies are outside the scope of that Act (see S...possibly be applied are the Section 55(1)(j) of the Transfer of Property Act. Section 108, Clause (j) of the Transfer ...tenant with permanent occupancy right was not created, by any contract in this case.6. Section 55, Clause (j) of the Transfer of Property Act, also makes it clear that the ...
...-plaintiff submitted that as per the provisions of Section 108(j) of the Transfer of Property Act (for short, the Act) even if Jogind...lessee. Provisions of Section 108(j) of the Act do not apply to the States of Punjab and Haryana except the provisions as per the notification. In such circumstances, the status ...The present Regular Second Appeal, at the instance of the appellant-plaintiff, is directed against the judgments and decrees of the courts below, whereby he has not been successful in...
.... Therefore, the Private Company is not within the protection of Section 15(2) of the Act.18. Section 108 of the Transfer of ...Transfer of Property Act notices the distinction between the sub-lease by a lessee and transfer by such sub-lessee of his interest by a subsequent transfer. Section 15 ...who were entitled to transfer or assign the interest of the premises were to satisfy the character of a lessee as defined in Section 105 of the Transfer of Property Act....
...appellant is a property.
3. The next question to be considered is whether it is a saleable property or not. Section 108(j) of the Transfer ...Act takes it out of the purview of Sub-section (j) of Section 108 of the ...there was no right in the successors of the lessee to transfer the property. In that case it was held that in view of the provision of Section 108(j) ...
...(Section 58, Transfer of Property Act) and therefore on the English doctrine no privity of estate can arise. ...that in India sub-lessees could be sued for rent by the lessor under Section 108(j) of the Transfer of Property Act or for any other reason. To so hold...Section 108(j) of the Transfer of Property Act, and, if actual possession of the land is to make the one liable for rent, it must also be the ...
.... Nor can Section 108. Clause (j) of the Transfer of Property Act apply as agricultural tenancies are outside the scope of that Act--...right was not created by any contract in this case. Section 55 Clause (J.) of the Transfer of Property Act also makes it clear that the vendee becomes liable fo...rules of statutory law that may possibly be applied, are the transfer of property Act Section 55(1)(j). Section 101 Clause (j) of the ...
...lawfully created as it was permissible to create sub-tenancy under Section 108(j) of the Transfer of Property Act, but it was contended that by virtue of Sections 14, 15...has allowed the appeal and passed a decree of eviction from the suit premises under Section 12(1)(b) of the M.P Accommodation Control Act, 1961 (hereinafter referred to as “the Act”). Aggrieved...accommodation on the ground specified in Clauses (b), (e) and (f) of sub-section (1) of Section 12 of the M.P Accommodation Control Act.”3. The respondent-p...