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KEYUR ANILBHAI PATEL (appeallant)     24 June 2012

Bombay rent act 1947

Does the "assignor-lessee" having right of reversion, fall under the definition of "landlord" under the Sec-5(3) reading with Sec-18(1) of the Bombay Rent Act 1947?. In other word, is this Include in the Defination of "Landlord"/ inclusive defination?.

Reason behind asking this, in the definition of the Landlord:- "xxxx-xxxx-or be entitled to receive the rent if the premises were let to a tenant; and includes any person not being a tenant who from time to time derives tiltle under a landlord; and further includes in respect of his sub-tenant a tenant who has sub-let any premises; " in Sec-5(3)

While in Sec 18(1):- "xxxx-xxxx-in respect of the grant, renewal or continuance of a lease of any premises, or for givinging his consent to the transfer of a lease by sub-lease or otherwise, xxxx-xxxx".

I am on the word " otherwise " in my opinion it includes Assignment  and other means of transfer too, because the only anssignment is left out to includes in the rest i,e in OTHERWISE.

What does the Sub-leting by the tenant is legally known as "assignment", "transfer" or something else?



Learning

 1 Replies

Eddy_Raaj (none)     07 November 2012

What is the law regarding inheriting of tenancy rights?


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