Chemicals India v. Vicoans Infrastructure and Environment
No. On a careful reading of Section 109 it is clear that no formal attornment of tenancy is necessary and attornment would be automatic; if the lessor transfers the property leased, the transferee shall possess all the rights of the lessor as to the property transferred. Where the landlord has purchased the land and building of which the tenant is in occupation of a portion, the tenancy right claimed through the tenant's father would automatically continue with the new purchaser.
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 — s.2(6) — s.9(3) — s.14(1)(b) — Transfer of Property Act, 1882 — s.109 — Title not germane in Rent Control proceedings — Attornment — Wilful default — Bonafide denial of title —
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 — s.2(6) — Title not germane —
Held: In Rent Control proceedings the question of title or ownership is not germane; a landlord need not be the owner. Proceedings being summary, a certified copy of the sale deed is primary evidence and non production of the original is not fatal. (¶20, 21)
Transfer of Property Act, 1882 — s.109 — Rights of lessor's transferee — Attornment automatic —
Held further: Where the lessor transfers the property leased, no formal attornment of tenancy is necessary and attornment would be automatic. The tenancy right claimed through the earlier tenant continues with the new purchaser. (¶26, 28)
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 — s.9(3) — Wilful default —
Held further: A tenant is bound to tender rents every month and cannot expect the landlord to make a demand. The avenue under Section 9(3) of the Act not having been resorted to, wilful default in payment of rents is made out. (¶34)
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 — Bonafide denial of title —
Held further: Denial of title is not malafide where the tenant had filed a civil suit claiming right in respect of the property prior to the eviction petition. Eviction on that ground is set aside; the revision is partly allowed. (¶35, 37)
In the Court's own words
Paragraph 26The sale deed in favour of the respondent, for all the reasons that have been stated herein above, can be certainly looked into and the contents thereof are also relevant and admissible. It clearly shows that the respondent has purchased the property from the Administrators of the Will of Mrs.Meera Bai Dawson. It is not a case of letters of administration extending the order of probate granted by a Foreign Court, but an independent grant of Letters of Administration to deal with the assets of Meera Bai Dawson in India. In such circumstances, the grant in favour of the vendors of the petitioner would be a judgment in rem and unless challenged and revoked, it would be binding on the entire world, including the petitioner. In such circumstances, when the respondent has been able to prima facie establish that the land and building has https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/08/2026 07:51:53 pm ) been purchased by the respondent and admittedly, the respondent being in possession of portion of a building which is subject matter of the purchase made by the respondent, the only logical conclusion that can be drawn is that the petitioner’s tenancy right claiming through his father would automatically continue with the new purchaser viz., the respondent.
Paragraph 27In this regard, Section 109 of the Transfer of Property Act, 1882 assume significance and usefully extracted the same hereunder:- "109. Rights of lessor’s transferee.— If the lessor transfers the property leased, or any part thereof, or any part of his interest therein, the transferee, in the absence of a contract to the contrary, shall possess all the rights, and, if the lessee so elects, be subject to all the liabilities of the lessor as to the property or part transferred so long as he is the owner of it; but the lessor shall not, by reason only of such transfer cease to be subject to any of the liabilities imposed upon him by the lease, unless the lessee elects to treat the transferee as the person liable to him:Provided that the transferee is not entitled to arrears of rent due before the transfer, and that, if the lessee, not having reason to believe that such transfer has been made, pays rent to the lessor, the lessee shall not be liable to pay such rent over again to the transferee.The lessor, the transferee and the lessee may determine what proportion of the premium or rent reserved by the lease is payable in respect of the part so transferred, and, in case they disagree, such determination may be made by any Court having jurisdiction to entertain a suit for the possession of the property leased. "
Paragraph 28On a careful reading of Section 109 as well, it is clear that no formal attornment of tenancy is necessary and attornment would be automatic. This is the view taken by me in Uma’s case (referred herein supra) as well. Though reliance has been placed on the decision of the Hon'ble Supreme Court in C.Chandramohan's case (referred herein supra), that was a case where the https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/08/2026 07:51:53 pm ) Hon'ble Supreme Court held that a tenant's assertion that the landlord is merely a co-owner, would not amount to denial of title except when the tenant renounces his relationship with such landlord as a tenant. That was a case where there were multiple co-owners and the landlord had not informed the tenant about a release deed executed in his favour. In such circumstances, the Hon'ble Supreme Court upheld the order of the High Court, that the denial of title by the tenant was bonafide. Hence, this decision will have no application to the facts of the present case. Therefore, I do not find any infirmity or perversity in the findings of the Rent Controller and the Rent Control Appellate Authority ordering eviction, by coming to the conclusion that there exists a landlord and tenant relationship.
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