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2004 Supreme(Ker) 6

K.S.RADHAKRISHNAN, PIUS C.KURIAKOSE
Mar Appraem Kuri Company Ltd. – Appellant
Versus
Dix – Respondent


Judgment :-

Radhakrishnan, J.

Does the limitation on the right of the landlord against splitting up of the unity and integrity of the tenancy, inhering in the inhibitions of his own contract, visits the assignee of the part of the reversion is the interesting question that has come up for consideration in this case.

2. It is trite law that a landlord cannot split up the unity and integrity of the tenancy and recover possession of a part of the demised premises from the tenant. Law is well settled that where there is a single indivisible contract of tenancy it cannot be split up by a court unless there is statutory provision to that effect or by a contract between the parties. Alienatio rei praefertur juri accrescendi, means, alienation is favoured by law rather than accumulation and the assignee is clothed with all the rights and liabilities of the assignor. Section 109 of the Transfer of Property Act however, provides a statutory exception to this rule and enables an assignee of a part of the reversion to exercise all the rights of the landlord in respect of the portion respecting which the reversion is so assigned subject to the other covenant running with the land. Further while s























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