Written consent for tenancy transfer controls under West Bengal tenancy law; unproved transfer to son was rejected.

Under the West Bengal Premises Tenancy Act, 1956, tenancy rights could be transferred only with the landlord's previous written consent. Because the record did not show any such consent, the alleged transfer by the original tenant to his son was not accepted. The argument based on joint tenancy and surrender by co-tenants was also rejected, as those pleas had not been raised earlier and were unsupported by evidence. The claimed transfer of tenancy rights therefore remained unproved, and the decree in favour of the respondents was upheld.

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Issues: Whether the original tenant had validly transferred the tenancy rights in favour of his son without the previous written consent of the landlord under the West Bengal Premises Tenancy Act, 1956.

Analysis: The tenancy could be transferred only with the previous consent in writing of the landlord. The record did not show any written consent by the landlord permitting such transfer. The plea of transfer in favour of the son therefore could not be accepted. The challenge based on joint tenancy and surrender by co-tenants was not entertained because those pleas were not raised earlier and no evidence supported them.

Conclusion: The alleged transfer of tenancy rights was not proved and the decree in favour of the respondents was upheld.

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