Testamentary transfer of tenancy rights may amount to parting with possession under rent control law.

A tenancy right can fall within the residuary language of a will covering movable and immovable property, so a tenant may validly bequeath such rights unless the instrument shows an intention to exclude them. The note further states that testamentary devolution of tenancy rights may amount to parting with possession under proviso (b) to Section 14(1) of the Delhi Rent Control Act, 1958, because the tenant voluntarily divests the legal right to possession in favour of the devisee when the will takes effect on death. On that reasoning, such bequest is treated as a prohibited transfer without the landlord's written consent.

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Issues: (i) Whether the tenancy rights were bequeathed under the will in favour of the appellant. (ii) Whether bequeathing tenancy rights by will amounted to parting with possession within proviso (b) to Section 14(1) of the Delhi Rent Control Act, 1958.

Issue (i): Whether the tenancy rights were bequeathed under the will in favour of the appellant.

Analysis: The residuary clause of the will covered all movable and immovable properties. A tenancy right is an interest in immovable property and falls within the expression used in the will. The wording of the instrument showed no intention to exclude tenancy rights.

Conclusion: The tenancy rights were validly bequeathed to the appellant under the will.

Issue (ii): Whether bequeathing tenancy rights by will amounted to parting with possession within proviso (b) to Section 14(1) of the Delhi Rent Control Act, 1958.

Analysis: Parting with possession means giving the legal possession obtained under the lease to another person, not merely a physical dealing with property. A will is revocable during the testator's lifetime, but on death it operates to vest the property in the devisee. Once the tenancy rights vest by reason of the will, the tenant has voluntarily divested the right to possession in favour of the devisee. The statutory expression therefore covers such testamentary devolution.

Conclusion: Bequeathing the tenancy rights by will amounted to parting with possession within proviso (b), and the landlord was entitled to eviction.

Final Conclusion: The appeal failed because the testamentary transfer of tenancy rights was treated as a prohibited parting with possession, and the eviction order was upheld.

Ratio Decidendi: Where a tenant voluntarily bequeaths tenancy rights by will and the bequest takes effect on death, the resulting vesting in the devisee constitutes parting with possession for the purpose of a rent control provision prohibiting such transfer without the landlord's written consent.

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