1992 (3) TMI 56

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....ntrol Bureau, Zonal Unit, Bombay, on August 11, 1989. He was detained under the Prevention of illicit Traffic in Narcotic Drugs & Psychotropic Substances Act, 1988, vide Order No. SPL. 3(A)/PND/0189/112, dated November 9, 1989. This order was neither revoked on the advice of the Advisory Board nor set aside by any court of competent jurisdiction. The Competent Authority, Bombay, issued a show-caus....

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....on of the investigation and trial, the Competent Authority, vide order dated 20th November, 1991, directed the forfeiture of all the properties detailed above. It is against this order that the present appeal is directed. Learned counsel for the appellant has not assailed the forfeiture of the properties except that specified at Serial No. (iv). Learned counsel for the appellant stated during a....

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....nd the tenant. The tenancy is a right. in personam. The tenant has no right to transfer his tenancy rights to anybody without the express consent of the landlord or through a covenant to that effect in the lease deed. Any transfer of tenancy rights without the consent of the landlord can result in ejectment of the tenant an the ground of subletting. Learned counsel for the appellant has further ar....

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....under the Act. The order of forfeiture of the tenancy rights does not remain confined only to the tenant and it in fact affects the right of the landlord to eject the tenant in the event of the latter subletting the premises without his consent. The Competent Authority has no jurisdiction to violate the right of the landlord because he is neither an "affected person" under the Act nor a party befo....