VidhiSangh

Supreme Court of India · 02/08/2022

SHABBIR MOHAMMAD SAYED versus MRS. NOOR JEHAN MUSHTER SHAIKH & ORS.

[2022] 13 S.C.R. 123 · 2022 INSC 784

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Summary

The plaintiff obtained an appellate decree declaring her tenant of a Kurla room and directing the landlord to hand over possession. In execution, the appellant objected under Order XXI Rule 97 CPC. He relied on two agreements of the same day during the pendency of the appeal: an assignment for Rs 9.4 lakh by the person in possession claiming to be the lawful tenant, and a fresh tenancy granted by the landlord. The Court held that Section 26 of the Maharashtra Rent Control Act, 1999 bars a tenant from assigning his interest unless there is a contract to the contrary. A landlord may ratify such a transfer later, but ratification requires knowledge of the act, and the landlord's agreement neither referred to nor approved the tenant's assignment. His agreement also contradicted the tenant's claim to have handed it over. The appeals were dismissed.

Issues

  1. Whether an assignment of tenancy by a tenant of premises governed by the Maharashtra Rent Control Act, 1999, without a contract to the contrary, could found an objection to execution of a decree for possession.
  2. Whether the landlord's same-day agreement granting tenancy to the objector amounted to ratification of the tenant's assignment or independently supported the objection.

Provisions considered

Held

Result

Appeals dismissed, upholding the rejection of the appellant's objection to execution; no order as to costs.

Judgment PDF: Supreme Court of India, [2022] 13 S.C.R. 123.