AIR 2003 BOMBAY 217 ::(2003) 2 MahLR 312 ::(2003) 1 AllMR 493 (BOM) ::2003 (2) BomCR 812 ::2003 (1) Mah LJ 458 ::2003 (3) Bom LR 323 ::2003 Bom LR 3 323

Bombay High Court

Hon'ble Judge(s): S. J. Vazifdar , J

(A) Civil P.C. (5 of 1908) , S.60— Maharashtra Rent Control Act (18 of 2000) , S.26, S.56— Attachment in execution of decree - Goodwill and tenancy rights of judgment -debtor - Can be attached. Section 56 of Maharashtra Rent Control Act, gives a valuable right and creates a further interest in respect of premises let to a tenant. In view of S. 56 of the 1999 Act a fortiorari tenancy rights of a tenant constitute saleable property and give tenants a disposing power in respect thereof and the same are, therefore, liable to be attached and sold in execution of a decree. Tenancy rights thus can be attached and sold in execution of a decree. However, this cannot affect the rights of the landlords/head tenants in any manner, for the right of a tenant u/S. 56 of 1999 Act can only be exercised with the consent of the landlord. In execution of a decree against the tenant-sub-tenant, the court cannot force an unwilling landlord /head tenant to enter into such an agreement. But if such an agreement is entered into by the landlord or head tenant with a tenant or sub-tenant as the case may be, the consideration received by the latter is liable to be attached and sold. Further, if the landlord and/or the head tenant is willing to enter into an agreement as contemplated in S. 26 and 56, it would be possible for the executing Court to force the tenant or subtenant to enter ....