A Notice by predecessor of interest ejectment suit by successor A notice to terminate tenancy was issued by the Estate Manager of the Bombay Port Trust (constituted under the Bombay Port Trust Act 1879) on behalf of its Board of Trustees to the tenant occupying the building owned by the Port Trust. Before the expiry of notice period there was a change in law and the successor of Board to Trustees instituted the ejectment suit. Is such a suit legal and valid in law ?

A Notice by predecessor of interest ejectment suit by successor A notice to terminate tenancy was issued by the Estate Manager of the Bombay Port Trust (constituted under the Bombay Port Trust Act 1879) on behalf of its Board of Trustees to the tenant occupying the building owned by the Port Trust. Before the expiry of notice period there was a change in law and the successor of Board to Trustees instituted the ejectment suit. Is such a suit legal and valid in law ?

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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