Vidhi Codex

section 15

In absence of contract to the contrary, tenant not to sub-let or transfer or to give on licence

The Bombay Rents, Hotel and Lodging House Rates Control Act, 1947
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Statutory text
  1. (1) Notwithstanding anything contained in any law, but subject to any contract to the contrary, it shall not be lawful after the coming into operation of this Act for any tenant to sub-let the whole or any part of the premises let to him or to assign or transfer in any other manner his interest therein and after the date of commencement of the Bombay Rents, Hotel and Lodging House Rates Control (Amendment) Act, 1973, for any tenant to give on licence the whole or part of such premises : Provided that the State Government may by notification in the Official Gazette, permit in any area the transfer of interest in premises held under leases or class of leases [or the giving on licence any premises or class of premises] and to such extent as may be specified in the notification.
  2. (2) The prohibition against the sub-letting of the whole or any part of the premises which have been let to any tenant, and against the assignment or transfer in any other manner of the interest of the tenant therein, contained in sub-section (1), shall, subject to the provisions of this sub-section, be deemed to have had no effect before the commencement of the Bombay Rents, Hotel and House Rates Control (Amendment) Ordinance, 1959, in any area in which this Act was in operation before such commencement ; and accordingly, notwithstanding anything contained in any contract or in the judgment, decree or order of a Court, any such sub-lease, assignment or transfer or any such purported sub-lease, assignment or transfer in favour of any person who has entered into possession, despite the prohibition in sub-section (1), as a purported sub-lessee, assignee or transferee and has continued in a possession at the commencement of the said Ordinance, shall be deemed to be valid and effectual for all purposes, and any tenant who has sub-let any premises or part thereof, assigned or transferred any interest therein, shall not be liable to eviction under clause
    • (e) of sub-section
  3. (1) of section 13.

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