Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Hotel and Lodging Rates Control Act Bombay Rents |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Bombay Rents. Hotel and Lodging House Rates Control Act, 1947 (57 of 1947) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Case Disposed Off |
Headnote | Bombay Rents, Hotel and Lodging Rates Control Act (LVII of 1947), s. 19-Tenant handing over possession to third person receiving "pugree"-Whether constitutes relinquishment" -Difference between assignment and relinquishment-Construction of penal statutes.Sub-section (1) of sec. 19 of the Bombay Rents, Hotel and Lodging House Rates Control Act, LVJI of 1947, provided that "it shall not be lawful for the tenant or any person acting or purporting to act on behalf of the tenant to claim or receive any sum. or any consideration as a condition for the relinquishment of his tenancy of any premises"; and sub-sec. (2) provided that" any tenant or person who in contravention of the provisions of subsec. (1) receives any sum or consideration shall on conviction be punished with imprisonment and also with fine. A, who was a tenant of a fiat, handed over vacant possession. of the fiat to B on receiving "pugree", under a document which recited that A shall have no claim whatever over the flat and that B shall pay the rent directly to the landlord. A was convicted of an offence under sec. 19(2). Held, that there was no "relinquishment" of his tenancy by A, within the n1eaning of sec. 19(1) and the conviction could not be sustained.There is a clear distinction between an assignment of a tenancy on the one hand and a relinquishment or surrender on the other. .• ·-· In the case of an assignment, the assignor continues to be liable .. to the landlord for the performance of his obligations under the tenancy and this liability is contractual, while the assignee becomes liable by reason of privity of estate. The consent of the landlord to an assignment is not necessary, in the absence of a contract or local usage to the contrary. But in the case of relinquishment it can not be a unilateral transaction; it can only be in favour of the lessor by mutual agreement between them. Relinquishment of possession must be to the lessor or one who holds his interest; and surrender or relinquishment terminates the lessee's rights and lets in the lessor.As sec. 19 of Bombay Act LVJI of 1947 creates an offence and imposes a penalty of fine and imprisonment, the words ·of the section must be strictly construed in favour of the subject. The Court is not concerned so much with what might possibly have been intended as with what has been actually said in and by the language employed in the statute. Judgment of the Bombay High Court reversed. |
Judge | Hon'ble Mr. Justice N. Chandrasekhara Aiyar |
Neutral Citation | 1952 INSC 5 |
Petitioner | W.h. King |
Respondent | Republic Of India And Another |
SCR | [1952] 1 S.C.R. 418 |
Judgement Date | 1952-02-01 |
Case Number | 8 |
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