HAJIRABAI HAJI USMAN Vs. AMARNATH R SHARMA

JUDGEMENT

(1.) TBIS Writ Petition Is filed by the Landlords. It seeks to challenge the Judgment of the Small Causes Court at Bombay which has rejected the declaration sought by the Petitioners against the respondent No. 9 herein.

(2.) THE facts giving rise to this Writ Petition briefly are as follows :-

(3.) BEING aggrieved by the said decision, the petitioners being the original lessors preferred an appeal to the appellate bench of the Small causes Court at Bombay. The lower appellate Court in substance agreed with the decision of the trial Court. It came to the conclusion that the petitioners have failed to prove that the assignment deed referred to above was in contravention of Section 19 of the rent Act. The lower appellate court came to the above conclusion on the basis that the lease agreement dated 4th February, 1975 permitted the lessees to assign the whole of the demised premises or any part thereof or to let out the demised premises without the consent of the lessors. The lower appellate Court also found that the lessees had unfettered right to assign and transfer the whole of the demised premises or any part thereof without the permission of the lessors. The lower appellate Court also found that the lessors not only gave unfettered right to assign or transfer whole or part of the premises to respondent Nos. 1 to 8 under the above lease but the petitioners also made a declaration on 22nd March, 1975 confirming the lease in favour of the lessees and thereby confirming their unfetterred right to sub-let or assign the demise premises and further they have stated that they were with the lessees had agreed to sell, transfer and assign their leasehold rights and interest to Respondent No. 9 and that they confirmed and accepted the above position. According to the lower appellate Court even the petitioners in the present suit did not challenge the right of Respondent Nos. 1 to 8 to assign the premises without their consent in favour of the assignees. The lower appellate Court agreed with the trial Court and came to the conclusion that the above assignment was in two stages ; that the said assignment was not only of undivided share bat it was an assigment of the entire share and in the circumstances the said assignment was covered by proviso to section 15 (1) of the rent Act read with the above Government notification.