ANANT T SABNIS Vs. VASANT PRATAP PANDIT

JUDGEMENT

(1.) This appeal raises in important question as to whether the words assign and transfer in section 15 of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter referred to as the Rent Act) include bequest, so as to render disposal of tenancy rights in any premises under a will, ineffective?

(2.) One Tarabai was the tenant of the premises in dispute. She died on September 21, 1963 without leaving any issue. She executed a Will on December 12, 1958 in respect of her properties including her tenancy rights, bequeathing the same to her sisters son---Gopal and appointing plaintiff, her brothers son an Executor of the said Will.

(3.) The plaintiff obtained a probate of the Will on 5th July, 1965. The defendant is legatees another sisters grand-son. He and his wife were staying with the deceased at the time of her death. Plaintiff called upon him to vacate. On defendants refusal the plaintiff instituted the present suit for his eviction in the City Civil Court, Bombay. The defendant resisted the suit on the ground amongst others that the bequest of tenancy rights amounts to "transfer" and is prohibited under section 15 of the Rent Act, and therefore, is ineffective and void and as such, plaintiff cannot claim to be Executor and claim defendants eviction.