The bequest of tenancy rights by a tenant under a Will is a transfer of property and is, therefore, prohibited under section 15 of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

JUDGMENT - V.S. DESHPANDE, J.:---This appeal raises in important question as to whether the words assign and transfer in section 15 of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter referred to as the Rent Act) include bequest, so as to render disposal of tenancy rights in any premises under a will, ineffective ?

2. One Tarabai was the tenant of the premises in dispute. She died on September 21, 1963 without leaving any issue. She executed a Will on December 12, 1958 in respect of her properties including her tenancy rights, bequeathing the same to her sisters son---Gopal and appointing plaintiff, her brothers son an Executor of the said Will.

3. The plaintiff obtained a probate of the Will on 5th July, 1965. The defendant is legatees another sisters grand-son. He and his wife were staying with the deceased at the time of her death. Plaintiff called upon him to vacate. On defendants refusal the plaintiff instituted the present suit for his eviction in the City Civil Court, Bombay. The defendant resisted the suit on the ground amongst others that the bequest of tenancy rights amounts to "transfer" and is prohibited under section 15 of the Rent Act, and therefore, is ineffective and void and as such, plaintiff cannot claim to be Executor and claim defendants eviction.

4. At the end of the trial, the Court decreed the plaintiffs suit on the evidence led before him. He upheld the validity of the Will and the claim of the plaintiff to be its executor. He rejected the defendants case that he was residing with the deceased as the member of her family at the time of her death, and his case of having become the tenant of the premises on that ground and that plaintiffs right to possession was suspended, plaintiffs claim to arrears of rent was rejected on the finding that the defendant had paid rent to him. Bequest of the tenancy rights was found by him to be not a transfer, and as such, not invalid. The plea of the tenant about Executor having consented to his occupation and having thus divested himself of his interest as Executor in the tenancy rights, was also rejected. The defendant challenges the validity of this decree in this Appeal.

5. It is not in dispute that tenancy is governed by the Rent Act and continued to be contractual till the death of Tarabai. The only contention of Mr. Sakhardande, the learned Advocate appearing for the defendant is that bequest by a tenant of the tenancy rights amounts to transfer within its meaning under section 15 of the Rent Act and is, therefore, prohibited thereunder. It is not disputed that bequest would become void and probate to that effect would become ineffective if section 15 is held to apply such a bequest. Only question, therefore, is whether the words assign and transfer in section 15 include bequest. The words assign and transfer in the context convey the same meaning.

6. Sub-section (1) of section 15 of the Rent Act reads as follows :---

"Section 15(1). Notwithstanding anything contained in any law, but subject to any contract to the contrary, it shall not be lawful after the coming into operation of this Act for any tenant to sublet the whole or any part of the premises let to him or to assign or transfer in any other manner his interest therein and after the date of commencement of the Bombay Rents, Hotel and Lodging House Rates Control (Amendment) Act, 1973, for any tenant to give on licence the whole or part of such premises" (Under-lining supplied).

The proviso and sub-section (2) of section 15 are not relevant. The section does, in the absence of any contract to the contrary, prohibit the tenant from (i) sub-letting the whole or any part of the premises let to him, or (ii) assigning or transferring in any other manner his interest therein. The plaintiff does not claim that Tarabai had any contractual authority to so sub-let, assign or transfer.

7. The words assign and transfer are not defined in the Rent Act. The dictionary meaning of the words shou

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