AIR 1984 KARNATAKA 214 ::(1984) 2 Kant LJ 132

Karnataka High Court

Hon'ble Judge(s): M. N. Venkatachaliah, D. R. Vithal Rao , JJ

(A) Transfer of Property Act (4 of 1882) , S.105— Lease - Suit for recovery of possession from tenant whose tenancy was determined by efflux of time - Agreement of lease period of three years - Tenant's plea that there was agreement between parties of ten year lease - Evidence on point by tenant setting out altogether different case - Tenant admitting that landlady wanted to consult her sons and lawyer about quantum of rent - Held, there was no agreement for ten year lease between the parties. (Para 10) (B) Transfer of Property Act (4 of 1882) , S.116— Tenancy by holding-over and tenancy by sufferance - Notice for termination of tenancy - When necessary. If, after the expiry of the period of lease or after its determination, a tenant merely holds over without the landlords' consent there is no tenancy of any kind at all. If in such case, the tenant continues in possession without landlord's consent he becomes what in English law is called a "tenant by sufferance". This is really no tenancy at all in the strict sense and requires no notice to determine it, the expression being merely a fiction to avoid the continuance of possession operating as a trespass. It is different from the concept of a tenancy at will which arises by implication of law in cer....