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Showing contexts for: tenancy devolving in Ramjibhai Virpal Shah vs Gordhandas Maganlal Bhagat on 6 January, 1954Matching Fragments
"To suggest there is an intention there to create a relationship of landlord and tenant appears to me to be quite impossible. There is one golden rule which is of very general application, namely, that the law does not impute intention to enter into legal relationships where the circumstances and the conduct of the parties negative any intention of the kind. It seems to me that this is a clear example of the application of that rule."
11. The next English decision to which reference may be made is reported in -- 'Marcroft Wagons Ltd. v. Smith', 1951-2 KB 496 (L). In this case the statutory tenant of a dwelling-house died in 1938 and on his death his statutory tenancy devolved on his widow who, until her death, continued to live in the house as a statutory tenant with her daughter. On the death of the widow the daughter asked the landlords' agent to have the tenancy transferred into her own name. This he refused to do. Even so he accepted a sum from the daughter equal to two weeks' rent and she continued thereafter to pay each week the same sum as the widow had paid for rent. After some time, in September 1950, the landlords brought proceedings for possession.