BOARD OF TRUSTEES OF THE PORT OF MUMBAI vs M/S BYRAMJEE JEEJEEBHOY P.LTD.

The Supreme Court held that the Mumbai Port Trust, as the principal tenant, breached the lease agreement dated May 10, 1886, which explicitly prohibited assignment of the leased property without written consent from the lessor, leading to the eviction suit filed by the landlord. The Court emphasized that the prohibition against assignment was a fundamental term of the lease, and the failure to obtain consent for sub-letting constituted a valid ground for eviction under the relevant provisions of the Transfer of Property Act. The appeals were dismissed, upholding the eviction order against both the Mumbai Port Trust and the Wadi Bunder Cotton Press Company.