Whether attornment by tenant is necessary in case of transfer of lessor's rights?

From perusal of the aforesaid Section, it is manifest
that after the transfer of lessor’s right in favour of the
transferee, the latter gets all rights and liabilities of the
lessor in respect of subsisting tenancy. The Section does not
insist that transfer will take effect only when the tenant
attorns. It is well settled that a transferee of the landlord’s
rights steps into the shoes of the landlord with all the rights
and liabilities of the transferor landlord in respect of the
subsisting tenancy. The section does not require that the
transfer of the right of the landlord can take effect only if the
tenant attorns to him. Attornment by the tenant is not
necessary to confer validity of the transfer of the landlord’s
rights. Since attornment by the tenant is not required, a
notice under Section 106 in terms of the old terms of lease

by the transferor landlord would be proper and so also the
suit for ejectment.
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.3391 OF 2015
(arising out of S.L.P.(C) NO.19487 of 2014)
Dr. Ambica Prasad …..Appellant(s)
Versus
Md. Alam and another
Citation; 2015(4) ALLMR408 SC
M. Y. EQBAL, J.

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