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Abdul Aziz Khan Vs. Ahmed Ali - Court Judgment

LegalCrystal Citation
SubjectTenancy
CourtKolkata
Decided On
Judge
Reported in(1887)ILR14Cal795
AppellantAbdul Aziz Khan
RespondentAhmed Ali
Excerpt:
enhancement of rent. suit for - tranferable tenure--mutation of names--tenant who has transferred his holding, liability of. - .....rent is claimed had, before the institution of the present suit, been transferred by the defendant to a third party who is not a party to it, and that such transfer without the previous sanction of the plaintiff, the landlord, is valid.2. the main object of a suit for enhancement is to have the contract between the landlord and tenant as regards the rate of rent re-adjusted. the law allows this re-adjustment in certain cases. in this case the plaintiff, as found by the lower courts, was fully aware that the holding is now the property of a third party and not of the defendant. that being so, a suit for enhancement of rent will not lie against the defendant who has now no connection with the holding. we, therefore, dismiss the appeal with costs of both hearings.
Judgment:

1. This is a suit for recovery of rent at an enhanced rate after service of notice. The finding of the lower Courts is that the holding, in respect of which the enhanced rent is claimed had, before the institution of the present suit, been transferred by the defendant to a third party who is not a party to it, and that such transfer without the previous sanction of the plaintiff, the landlord, is valid.

2. The main object of a suit for enhancement is to have the contract between the landlord and tenant as regards the rate of rent re-adjusted. The law allows this re-adjustment in certain cases. In this case the plaintiff, as found by the lower Courts, was fully aware that the holding is now the property of a third party and not of the defendant. That being so, a suit for enhancement of rent will not lie against the defendant who has now no connection with the holding. We, therefore, dismiss the appeal with costs of both hearings.


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