AIR 1957 CALCUTTA 627 ::ILR (1958) 2 Cal 426

Calcutta High Court

Hon'ble Judge(s): Lahiri, G. K. Guha , JJ

(A) Transfer of Property Act (4 of 1882) , S.109 Proviso— Assignee's title - When complete - Payment to assignor - Protection under proviso. Under the Indian Law a letter of attornment is not necessary to complete the title of the assignee of the reversion. Under S. 109 the title of the assignee is complete on the execution of the deed of assignment and is not postponed till the notice of assignment. But nevertheless under the proviso to S. 109 the lessee is under no obligation to pay rent to the assignee if he has paid it to the assignor without having reason to believe that there was an assignment.(Para 9) Thus where the tenant knows that in spite of the letter of attornment and in spite of the purported assignment, the assignor was holding himself out as his landlord in all the proceedings, in court to which the tenant was party, the tenant must be held to have no reason to believe that any transfer had been made in favour of the assignee and consequently under the proviso to S. 109 Transfer of Property Act the tenant is not liable to pay rent to the transferee and is fully justified in de-positing the rent in the name of the assignor.(Para 6 9) Anno : AIR Com. T. P. Act. S. 109, N. 7. (B) Transfer of Property Act....