Amalgamation of tenant company treated as transfer of tenancy rights, triggering eviction for lack of landlord consent.

A sanctioned amalgamation of a tenant company can amount to a transfer of leasehold tenancy rights where the scheme transfers all assets, rights, leases and tenancy interests to the transferee and the landlord's written consent is absent. The court treated the transferor's cessation and the transferee's taking possession as a transfer of the tenant's right under the lease, not a mere internal rearrangement. That brought the transaction within the rent control statute's eviction ground for transfer or sub-letting without consent, and the eviction order was sustained.

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Issues: Whether the sanctioned amalgamation of the tenant company with another company amounted to a transfer of the tenant's right under the lease or sub-letting within the meaning of the rent control statute.

Analysis: The tenancy agreement prohibited sub-letting without the landlord's written consent. The scheme of amalgamation, sanctioned under the Companies Act, transferred all assets, rights, powers, leases, and tenancy rights of the transferor company to the transferee company. The transferor company ceased to exist in practical legal effect, and the transferee company stepped into possession of the premises. The rent control provision specifically treated transfer of the tenant's rights under the lease or sub-letting without consent as a ground of eviction, and the definition of tenant excluded a person merely placed in occupation by the tenant. On that basis, the amalgamation was treated as a transfer of tenancy interest falling within the statutory mischief.

Conclusion: The amalgamation constituted a transfer of the tenancy right and was hit by the prohibition against transfer or sub-letting without the landlord's consent.

Final Conclusion: The eviction order was sustained because the tenant's interest in the premises had been transferred in violation of both the lease covenant and the rent control statute.

Ratio Decidendi: Where a tenant company's leasehold interest is transferred to another company pursuant to a sanctioned amalgamation scheme and the landlord's consent is absent, the transaction amounts to a transfer of the tenant's right under the lease, attracting the statutory ground of eviction.

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