AIR 1972 SUPREME COURT 819 ::1973 Mah LJ 1 ::1973 MPLJ 1 ::1972 RenCR 33 ::1972 2 SCR 890 ::1972 2 SCJ 174 ::1972 RenCJ 529 ::1975 Bom LR 404 ::1972 SCD 209

Supreme Court Of India

(From : Bombay)

Hon'ble Judge(s): C. A. Vaidialingam, K. K. Mathew , JJ

Transfer of Property Act (4 of 1882) , S.116— Holding over - What constitutes. (Para 9) The act of holding over after the expiration of the term does not create a tenancy of any kind. If a tenant remains in possession after the determination of the lease, the common law rule is that he is a tenant on sufferance. There is a distinction between a tenant continuing in possession after the determination of the term with the consent of the landlord and a tenant doing so without his consent. The former is a tenant at sufferance in English Law and the latter a tenant holding over or a tenant at will. The assent of the landlord to the continuance of possession will create a new tenancy. What the section contemplates is that on one side there should be an offer of taking a new lease evidenced by the lessee or sub-lessee remaining in possession of the property after his term was over and on the other side there must be definite consent to the continuance of possession by the landlord expressed by acceptance of rent or otherwise.(Para 9) Mere acceptance of amounts equivalent to rent by a landlord from a tenant in possession after a lease had been determined, either by efflux of time or by notice to quit, and who enjoys statutory immunity from eviction except on well defined grounds as in t....