Advance rent under a registered tenancy can discharge liability against a transferee landlord when paid as rent before transfer.

Advance rent paid under a registered tenancy arrangement before transfer of the property can operate as a valid discharge against the transferee landlord under Section 50 of the Transfer of Property Act, where the payment was expressly made as rent and not as a loan. Notice of the tenancy arrangement to the transferee prevents denial of the effect of that advance payment for the relevant period. On that basis, the tenant was not required to pay the same rent again to the transferee landlord, and the appellate decree for arrears was set aside while the trial court decree was restored.

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Issues: Whether rent paid in advance to the original landlord under a registered rent note, before transfer of the property, operated as a valid discharge against the transferee landlord under Section 50 of the Transfer of Property Act.

Analysis: The advance amount was expressly paid as rent under the registered tenancy document and not as a mere loan. The transferee had notice of the tenancy arrangement and could not deny the effect of the payment made towards rent for the relevant period. The view that advance payment could not amount to discharge was rejected, as the facts were distinguishable from cases where the payment was not treated as rent under the lease itself.

Conclusion: The advance rent payment was a valid discharge, and the tenant was not liable to pay the same rent again to the transferee landlord.

Final Conclusion: The petition succeeded, the appellate decree against the tenant on arrears of rent was set aside, and the trial court decree was restored.

Ratio Decidendi: Where rent is expressly paid in advance as rent under a registered tenancy arrangement before transfer of the property, the payment operates as a valid discharge against the transferee landlord under Section 50 of the Transfer of Property Act.

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