In execution of the decree the trustees obtained possession of the first floor but were obstructed as to the rest by a private limited company called--"Anand Nivas Private Ltd."--and two others, who claimed to be sub-lessees from Maneklal and thereby to have acquired rights of tenancy of the ground floor upon the determination of the tenancy of Maneklal.
Company sets up its claim to protect its possession on the plea that it had acquired the rights of a tenant by virtue of s. 14 of the Act. This plea is supported on two grounds: that the contract of tenancy in favour of the tenant expressly authorised him to sublet, and the tenant having lawfully sublet the premises the Company acquired on the determination of the interest of the tenant the rights of a tenant under the landlord; and in any event, on the determination of the statutory tenancy of the tenant by virtue of Ordinance III of 1959 issued by the Governor of Bombay, retrospectively amending s. 15 of the Act, the Company acquired the rights of a tenant under the landlord.
Court held that before the date of the institution of the suit, Manekal as a statutory tenant had no right to sublet the premises and the Company acquired no right of a tenant on the determination of the tenant's right by virtue of s. 14 of the Act.
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