Transfer of Property Act, Section 109 – After the transfer of lessor’s right in favour of the transferee, the latter gets all rights and liabilities of the lessor in respect of subsisting tenancy – The Section does not insist that transfer will take effect only when the tenant attorns – A transferee of the landlord”s rights steps into the shoes of the landlord with all the rights and liabilities of the transferor landlord in respect of the subsisting tenancy – The section does not require that the transfer of the right of the landlord can take effect only if the tenant attorns to him – Attornment by the tenant is not necessary to confer validity of the transfer of the landlord”s rights – Since attornment by the tenant is not required, a notice Under Section 106 in terms of the old terms of lease by the transferor landlord would be proper and so also the suit for ejectment.
Ambica Prasad v. Mohd. Alam , 2015 PLRonline 0010, AIR 2015 SC 2459
