AIR 1952 RAJASTHAN 111

Rajasthan High Court

Hon'ble Judge(s): Ranawat , J

Rajasthan Rent Control Order , S.3, S.5, S.8— Houses and Rents - Termination of tenancy - Liability for damages at rate mentioned in notice. Transfer of Property Act (4 of 1882) , S.106— Sections 3 and 5 both can be made applicable to the cases where the relationship of the landlord and tenant exists between the parties. These sections do not apply to the cases where a lease has been determined and the relationship of landlord and tenant does not continue between the parties. Once the tenancy has been determined by service of a notice under Section 106 of the Transfer of Property Act, the tenancy cannot be considered to be still existing between the parties, simply because the landlord is debarred from taking the possession of the property from the tenant, by Section 8. The position of the tenant after the determination of the tenancy in such a case would be that of a licensee or a trespasser. The licensee may be liable on such a case to pay damages to the landlord at a rate mentioned in the notice served upon the licensee and impliedly accepted by him.(Para 2) Anno : T. P. Act, S. 106, N. 32. .....