AIR 1976 BOMBAY 149 ::1976 Mah LJ 237 ::ILR (1977) Bom 889

Bombay High Court

Hon'ble Judge(s): Masodkar , J

(A) C.P. and Berar Letting of Houses and Rent Control Order (1949) , Cl.13(7), Cl.13(3)(vii)— Scope - Right created is contingent upon proceedings under Clause 13 (3) (vii) - Right cannot be extended to private agreements whereunder tenancy is surrendered. @page-Bom150 The right given by sub-clause (7) of clause 13 of the C. P. and Berar Letting of Houses and Rent Control Order is a contingent right depending upon the proceedings taken by the landlord under cl. 13 (3) (vii). It is not possible to extend the right to private agreement between the parties which cannot be enforced under the Rent Control Order. Further it is only the landlord's right that is regulated. The tenant's right to surrender his own lease by surrender or by notice is not controlled, nor is he required to take any proceedings, nor satisfy the authorities as to why he is surrendering the tenancy. Consequently where the tenant surrenders a lease under an agreement with landlord who promises to relet the premises after reconstruction to the tenant, provisions of Cl. 13 (7) cannot be invoked in the event of the failure of the landlord to act in accordance with the agreement.(Para 7) (B) C.P. and Berar Regulation of Letting of Accommodation Act (11 of 1946) , S.2, S.4— C.P. and Berar Letting of Houses and....