Judgment

M.K. MUKHERJEE, J.- The principal question that arises for consideration in these two appeals, preferred against the judgments of the High Court of Bombay, is whether tenancy rights under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter referred to as the Act) can be devised by a will. Ancillary thereto arises the question whether the words assign and transfer in Section 15 of the Act include bequest. Facts relevant for the purpose of disposal of the appeals are as under.

Civil Appeal No. 2584 of 1980

2. One Tara Bai, who was the tenant of the disputed premises, died issueless. She left behind a will bequeathing her properties, including tenancy right in the said premises, to her sisters son Gopal and appointing the plaintiff-appellant, her brothers son, as executor thereof. The defendant-respondent, who happens to be the grandson of a sister of the legatee, and his wife were staying with Tara Bai in the disputed premises. After her death, the appellant called upon the respondent to vacate the premises and on his refusal instituted a suit for eviction in the City Civil Court, Bombay. The respondent resisted the suit principally on the ground, th