Present landlord did not attorn to the tenancy by accepting rent will not terminate the tenancy which has been in existence since 1965 – Girish Vs. The Authorised Officer, Punjab National Bank and Ors. – DRAT Mumbai
April 3, 2024
In the instant case, the tenancy is admitted even in the assignment deed executed by the original landlord in 2013. There is no evidence of any termination of tenancy. True, there is no evidence regarding payment of rent to the present landlord but the mere fact that they did not attorn to the tenancy by accepting rent will not terminate the tenancy which has been in existence since 1965. The Appellants’ case needs to be agitated on its merits based on the catena of decisions available on this point. Their claim cannot be thrown overboard at the threshold.