Law:

Section:

(a) Transfer of Property Act (IV of 1882), S. 109-Lease, transfer of-Section 109 contemplates passing to transferee all rights of transferor-Assignee of lease can enforce breach of covenant of lease running with land even if breach occurred before assignment-Assignee can enforce breach in absence of waiver or acquiescence­---[Vishveshvar Wighneshvar Shastri v. Mahableshvar Subha Bhatta A I R 1918 Born. 79 dissented from]. Where the question was whether an assignee of a landlord could sue for a breach of covenant in the lease which took place before assignment, it was held that section 109 of the Transfer of Property Act clearly contemplates passing to the transferee of a leased property all the rights of the transferor and it is now well-settled that such a transfer passes to the transferee all the rights under covenant which run with the land. There is no law or authority in support of the proposition that the assignee cannot enforce a breach of a covenant which runs with the land if the breach has occurred before the assignment. Section 109 of the Transfer of Property Act gives to the assignee such a right and he can enforce a prior breach if there has been no waiver or acquiescence. Vishveshvar Wighneshvar Shastri v. Mahableshvar Subha Bhatta A I R 1918 Bom. 79 dissented from. Abdur Rahman Mohamud Yusuf and others v. Phirozw Cursetji Sethna and others A I R 1936 Born. 88 ref. (b) Transfer of Property Act (IV of 1882), S. 111(g)-Lease---­Forfeiture-Word "condition" in S. 111 (g). Where a clause in an agreement not only did not contain any express proviso for re-entry but it actually stipulated that "in case the lessor suffers any loss or damage due to the breach of any such rules or regulations by the lessees, they shall indemnify the lessor against all such losses, damages and detri­ments," it was held that the breach of such covenant would not entitle the landlords to enforce a forfeiture of the land itself. Under the Transfer of Property Act, it was held, the word "condition" used in clause (g) of section 111-does not carry the same sense as a covenant under this section would entitle the landlords to forfeit the lease if it is coupled with an express…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492