Eviction proceeding pending against tenant - Premises sold pending such proceeding - Attornment by tenant and payment of rent to purchaser

Citation

AIR 1961 MADRAS 200

MADRAS HIGH COURT

(Principal Seat at MADRAS)

JAGADISAN , J.

Civil Revn. Petn. No. 870 of 1959 D/- 31 - 5 -1960

Munavar Basha and another Petitioners v. V.

Narayanan and another Respondents

(A)Transfer of Property Act (4 of 1882), S.109 - Attornment.

On the transfer by sale of a property which is subject to a lease, whatever shows the assent of the tenant to the alienation of the reversion and his recognition of the alienee as land-lord is a valid attornment. A promise to pay rent to the alienee and a tenant's continued occupancy under

the tenancy with notice of alienation amounts to a recognition of the purchaser as his landlord.  (Para 13) 

(B)Transfer of Property Act (4 of 1882),

S.116 - Statutory tenant - Eviction proceeding pending against tenant - Premises sold pending such proceeding - Attornment by tenant and payment of rent to purchaser - Held that new tenancy was not created. Where during the pendency of an evic