TMI Blog1952 (2) TMI 24X X X X Extracts X X X X X X X X Extracts X X X X ..... as the tenant of a flat on the second floor of a building called Ganga Vihar , Marine Drive, Bombay, which belongs to a lady named Durgeshwari Devi. The tenancy was a monthly one, the rent being ₹ 215. It is said that the appellant wanted to go to the United Kingdom for treatment of his failing eye sight and he got into touch with the complainant Mulchand Kodumal Bhatia, who is the second respondent in this appeal, through one Sayed for the purpose of making necessary arrangements about the flat occupied by him in view of his intended departure. The prosecution case is that the accused demanded a sum of ₹ 30,000 which was later on reduced to ₹ 29,500 as consideration for putting the complainant in vacant possession of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for ₹ 2,000 for the articles of furniture (Exhibit E), a letter to the Bombay Gas Company for transfer of the gas connection to the name of the complainant (Exhibit F), and the letter to the Bombay Electric Supply and Transport Committee for transfer of the telephone connections and the deposit of ₹ 27 (Exhibit G). The appellant was charged under section 18(1) of the Bombay Rents, Hotel and Lodging House Rates Control Act, LVII of 1947, for receiving a pugree of ₹ 29,500 and he was further charged under section 19(2) of the said Act for receiving the said sum as a condition for the relinquishment of his tenancy. His wife, who was the second accused in the case, was charged with aiding and abetting her husband in the com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... legal argument was advanced on behalf of the appellant based on the language of section 19 (1) of the Act and this is the only point which requires our consideration. The section which consists of two parts is in these terms: - (1) 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; (2) Any tenant or person who in contravention of the provisions of sub-section (1) receives any sum or consideration shall, on conviction, be punished with imprisonment for a term which may extend to 6 months and shall also be punished with fine which shall not be less than the sum or t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ferred to in this connection but in our opinion they lend no assistance to the argument of the learned counsel. Any sublet- ting, assignment or transfer in any other manner of his interest by the tenant is made unlawful under section 15. Section 18 deals with the grant, renewal or continuance of a lease of any premises or the giving of his consent by the landlord to the transfer of a lease by sub- lease or otherwise, and it provides that the landlord, who receives any fine, premium, or other like sum or deposit, or any consideration for the grant, renewal or continuance or the accord of consent oh would be guilty of an offence and liable to the punishment therein specified. It would thus be seen that an assignment of the lease or transfer i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t occur in the Transfer of Property Act but it is found in many of the Tenancy Acts in various provinces where there are Sections which deal with the relinquishment of their holdings by tenants in favour of the landlord by notice given to him in writing. The section in question, it should be further noted, does not speak of relinquishment or giving up of possession, in general terms. The words are the relinquishment of his tenancy of any premises . The relinquishment of a tenancy is equivalent to surrender by the lessee or tenant of his rights as such. Whether abandonment of a tenancy would come within the meaning of relinquishment is a question that does not arise in this appeal, because in the face of Exhibit D, there is no abandonment i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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