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PETITIONER: W.H. KING
Vs.
RESPONDENT: REPUBLIC OF INDIA AND ANOTHER.
DATE OF JUDGMENT: 01/02/1952
BENCH: AIYAR, N. CHANDRASEKHARA BENCH: AIYAR, N. CHANDRASEKHARA SASTRI, M. PATANJALI (CJ) MAHAJAN, MEHR CHAND MUKHERJEA, B.K. DAS, SUDHI RANJAN
CITATION: 1952 AIR 156 1952 SCR 418 CITATOR INFO : R 1961 SC1554 (6) RF 1982 SC 949 (15)
ACT: Bombay Rents, Hotel and Lodging Rates Control Act (LVII of 1947), s.19-Tenant handing over possession to third person receiving "pugree"--Whether constitutes "relinquishment"--Difference between assignment and relin- quishment--Construction of penal statutes.
HEADNOTE: Sub-section (1) of sec. 19 of the Bombay Rents, Hotel and Lodging House Rates Control Act, LVI I of 1947, provided that "it shall not be lawful for the tenant or any person acting or purporting to act on behalf of the tenant to claim or receive any sum or any consideration as a condition for the relinquishment of his tenancy of any premises"; and sub-sec. (2) provided that any tenant or person who in contravention of the provisions of sub-sec. (1) receives any sum or consideration shall on conviction be punished with imprisonment and also with fine. A. who was a tenant of a flat, handed over vacant posses- sion the flat to B on receiving "pugree", under a document which recited that A shall have no claim whatever over ...