cover image: The Calcutta Law Journal  October & November  1911

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The Calcutta Law Journal October & November 1911

1911

In Aba'ztl Aziz v. Ahamad Ah" it has been held that in the case of a holding transferable by custom the receipt of rent from the transferee by the landlord with the knowledge of the transferor puts an end to the interests of the transferor in the holding. [...] The plaintiff cotended that as the lease was invalid the defendant was a trespasser at the time of the entry and the payment of the mcney could not be referred to any valid contract of tenancy. [...] It is clear also that where an assignment of a part of the demised premises in such a case includes an assignment of the right to renewal of the lease for such part the lessor by executing a consent to the assignment does not necessarily agree that the covenant for renewal may be exercised in respect of a part only of the demised premises. [...] What was the effect upon the status of the defendant ? For instance was she entitled to inherit as widow of the deceased ? The Court held that the suit had abated and could not be revived so that the status of the defendant continued unaffected. [...] The Supreme Court of the United States laid down in this case that a Court of Equity acting in personam may well decree the conveyance of land outside the territorial jurisdiction of the Court and may well enforce the decree by process against the defendant ; but neither the decree itself nor any conveyance under it except by the person in whom the title is vested can operate beyond the jurisd
law
Pages
32
Published in
India
SARF Document ID
sarf.120108
Segment Pages Author Actions
Transferability of Occupancy Holding
33-64 Hara Chatterjee, Jnanendranath Bose view

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