W. H. KING versus REPUBLIC OF INDIA AND ANOTHER.

W. H. KING versus REPUBLIC OF INDIA AND ANOTHER.

Handing over possession for consideration by a tenant to a third person, with the tenant giving up all claims, constitutes assignment, not relinquishment within the meaning of section 19(1) of the Bombay Rent Control Act, as relinquishment requires surrender to the landlord by mutual agreement. The conviction under section 19(2) cannot be sustained in the absence of relinquishment as defined.

Parties
Appellant: W. H. King; Respondent No. 1: Republic of India; Respondent No. 2 / Complainant: Mulchand Kodumal Bhatia
Jurisdiction
India
Judgment Date
01 February 1952
Procedural Posture
Criminal Appeal / Supreme Court Appeal From High Court Order in Criminal Appeal No. 106 of 1950 Dated 20th February 1950, Arising From the Presidency Magistrate, Bombay, Case No. 10879/p of 1949
Outcome
Conviction set aside
Legal Topics
Bombay Rent Control, Relinquishment Vs. Assignment of Tenancy, Strict Construction of Penal Statutes
Criminal Law Tenancy Law Bombay Rent Control Relinquishment Vs. Assignment of Tenancy Strict Construction of Penal Statutes

Case Brief

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Parties

W. H. King

Appellant

Republic of India

Respondent No. 1

Mulchand Kodumal Bhatia

Respondent No. 2 / Complainant

Procedural Posture

Criminal Appeal / Supreme Court Appeal From High Court Order in Criminal Appeal No. 106 of 1950 Dated 20th February 1950, Arising From the Presidency Magistrate, Bombay, Case No. 10879/p of 1949

Legal Issues

  1. 1 Whether handing over possession by a tenant to a third party for 'pugree' constitutes 'relinquishment' of tenancy under section 19(1) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947
  2. 2 Difference between assignment and relinquishment in tenancy law
  3. 3 Interpretation of penal statutes under Indian law

Ratio Decidendi

Handing over possession for consideration by a tenant to a third person, with the tenant giving up all claims, constitutes assignment, not relinquishment within the meaning of section 19(1) of the Bombay Rent Control Act, as relinquishment requires surrender to the landlord by mutual agreement. The conviction under section 19(2) cannot be sustained in the absence of relinquishment as defined.

Court Disposition

Conviction set aside

Orders

  • Fine of Rs. 30,000 to be refunded if already paid
  • Other directions of the Presidency Magistrate regarding Rs. 1,000 and Rs. 29,500 to stand as ordered