The right to eject tenant acquired by the erstwhile Board of Trustees acquired by giving notice to quit ensured for the benefit of the successor of the Board of Trustees. Therefore the suit for ejectment filed by the successor Board was competent. It is no doubt true that per se Section 109 of the Transfer of Property Act does not apply to the facts of the instant case. It contemplates transfer of lessor’s right inter vivos. But when right, title and interest in immovable property stand transferred by operation of law, the spirit behind s. 109 per force would apply and successor in interest would be entitled to the rights of the predecessor.
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