AIR 1954 BOMBAY 358 ::56 Bom LR 308

Bombay High Court

Hon'ble Judge(s): Chagla , C.J. AND Dixit , J

(A) Government Premises (Eviction) Act (27 of 1950) , S.3(1)(a)(ii)— Houses and Rents - Applicability. A tenant of Government premises whose tenancy has been terminated by a valid notice to quit and who has failed to hand over possession as required by S. 108(q), T. P. Act, cannot come within the purview of S. 3(1)(a)(ii), Government Premises (Eviction) Act. The reason is that obligation of the tenant to hand over possession under S. 108(q), T.P. Act only arises after the tenancy has been terminated and to the extent that sub-cl. (a) deals with tenants it deals with the acts of the tenants while the tenancy is subsisting.(Para 2) (B) Transfer of Property Act (4 of 1882) , S.116— Nature of possession of tenant holding over without consent. Specific Relief Act (1 of 1877) , S.9— Under the Indian law the possession of a tenant who has ceased to be a tenant is protected by law. Although he may not have a right to continue in possession after the termination of the tenancy, his possession is juridical and that possession is protected by statute. Under S. 9 of the Specific Relief Act, a tenant who has ceased to be a tenant may sue for possession against his landlord if the landlord deprives him of possession otherwise than in due cou....