AIR 1980 BOMBAY 69 ::(1979) HinduLR 647 ::(1979) Mah LJ 755 ::1979 (2) RenCR 655 ::1979 (2) RentLR 545 ::(1979) 1 RenCJ 131 ::1980 (1) RenCJ 131 ::1980 Bom CR 102

Bombay High Court

Hon'ble Judge(s): V. S. Deshpande, V. S. Kotwal , JJ

Bombay Rents, Hotel and Lodging House Rates (Control) Act (57 of 1947) , S.15, S.5(11), S.5(11)(c1), S.5(11)(c2)— Expression to assign or transfer in any other manner his interest therein' - Connotation of - Words 'assign' and 'transfer' - Meaning of - Meaning not restricted as under T.P. Act - Object of S.15 - Legatee excluded under S.5(11), S.5(11)(c-1) and S.5(11)(c-2) Implication of - Words "all the property' in S.211 (I) of Succession Act, 1925 - Meaning of - Words 'assign' and 'transfer' include bequest - Bequest of tenancy rights is prohibited and ineffective. Transfer of Property Act (4 of 1882) , S.2(d), S.5— Succession Act (39 of 1925) , S.211(1), S.213— Words and Phrases - Words "assign' and 'transfer' - Meaning of.Words and Phrases - Words "all the property" - Meaning of. The words 'assign' and 'transfer' are not defined in the Bombay Rents, Hotel and Lodging House Rates Control Act. The dictionary meaning of the words should. therefore, prevail unless the context and setting suggest any expansion or modification. In the Murrey's Dictionary, the word 'assign' is indicated to mean 'to transfer or formally make over to another.' According to Wharton's Law Lexicon, 14th Edition, the word 'assign' denotes 'generally to transfer property especially personal estate or set over a right to another'. In its generic sense, the words 'assign'....