TMI Blog1993 (4) TMI 328X X X X Extracts X X X X X X X X Extracts X X X X ..... determined the tenancy of the contractual tenant in October 1966 and filed suit for his eviction in 1967 which was decreed ex-parte on 5th October, 1973. In execution of the decree the licensee obstructed and claimed to be protected licensee under Section 15A of the Act. The objection was rejected by the executing and the appellate court. The appellate court found that even though the first license was, created in 1966 before determination of the tenancy for a period of six years but the second license having been created in 1972, it was not necessary to examine the validity of the first, as second was created when contractual tenant had become statutory tenant therefore he was incapable of transferring any right or interest in favour of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat he cannot be turned out so long as he pays the standard rent and permitted increases, if any, and performs the other conditions of the tenancy. His right to remain in possession after the determination of the contractual tenancy is personal: it is not capable of being transferred or assigned, and devolves on his death only in the manner provided by the statute. The right of a lessee from a landlord on the other hand is an estate or interest in the premises and in the absence of a contract to the contrary is transferable and the premises may be sublet by him. But with the determination of the lease, unless the tenant acquires the right of a tenant holding over, by acceptance of rent or by assent to his continuing in possession by the lan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... accommodation and includes any person occupying the accommodation as a sub-tenant and also any person continuing in possession after the termination of his tenancy whether before or after the commencement of this Act; but shall not include any person against whom any order or decree for eviction has been made. This section was construed thus, The definition makes a person continuing in possession after the determination of his tenancy a tenant unless a decree or order for eviction has been made against him, thus putting him on par with a person whose contractual tenancy still subsists. The incidents of such tenancy and a contractual tenancy must therefore be the same unless any provision of the Act conveyed a contrary intention. That ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nancy. On the termination of the licenser's tenancy the licensee ceases to be a licensee. On facts however since the statutory tenancy too came to an end before Section 15A was amended due to passing of the decree by the trial court the High Court distinguished this decision ignoring the material difference between the two enactments. What was lost sight of was that the observation made by this Court in Damadilal's case at page 2234 to the following effect, We find it difficult to appreciate how in this country we can proceed on the basis that a tenant whose contractual tenancy has terminated but who is protected against eviction by the statute, has no right of property but only a personal right to remain in occupation, withou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... said. The section brought into force with effect from 1st February, 1973 undoubtedly protected a licensee from eviction. But it could operate in his favour only if he was in occupation of the premises on the date the Act came into force as a licensee. It is, thus, not mere occupation but occupation as licensee which has been statutorily protected. In other words the law would operate in favour of a person who held the premises under valid licence. A valid licence could be created, as explained earlier, by a contractual tenant or by a statutory tenant if he continued at par with contractual tenant by operation of legislation. In absence of any such provision in the Bombay Rent Act the licence created in favour of licensee by the statutory ..... X X X X Extracts X X X X X X X X Extracts X X X X
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