Even otherwise it was pointed out on behalf of the respondents that the eviction does not follow a finding of sub-letting in stricto sensu. It follows the finding that there is an illegal transfer in any other manner. The words "transferred in any other manner" in Section 13(1)(e) has been considered widely and will include gratuitous transfer and transfer without consideration. The Gujarat High Court in Sheth Jivaji Rajbhai & Sons v. Patel Hatimbhai Nazarali 1999 Bom.R.C. 409 has observed in para. 17 as follows:
17. In my view, the words `transfer in any other manner' in Section 13(1)(e) are definitely wider and such transfer will include gratuitous transfer and transfer without consideration. Consequently, if landlord places reliance upon the transfer or assigned tenancy rights by tenant-in-chief in other manner he need not prove existence of valuable consideration for such transfer as is required to be proved for illegal sub-letting. Thus, the trial Court was justified in decreeing the suit on grounds of illegal assignment or transfer of interest in the tenancy by tenant-in-chief to the defendant No. 2.
IN THE HIGH COURT OF BOMBAY
Writ Petition No. 3221 of 2001
Decided On: 04.10.2007
Vijay K. Gupta Vs. Nalini Varjeevandas Shah and Ors.
Hon'ble Judges/Coram:
S.A. Bobde, J.
Citation: 2008(2) MHLJ 24
