possession after the determination of the
tenancy will create a new tenancy. What the section
contemplates is that on one side their- should ... Kartik Chandra Das (l)
no case was made out for new tenancy by holding over under
section 116 of the Transfer of Property
tenancy turned
to be a monthly tenancy and therefore the entire character
of tenancy changed, and the monthly tenancy therefore was a
new tenancy ... new tenancy, it is really an
accretion to the old tenancy. A monthly tenancy, that is, a
tenancy subject to a month's notice
firm view that the tenancy created by holding over is not the same old tenancy but a new one created by the operation ... ejected without service of new notice to quit and that term must be imported into the new tenancy created by the acceptance of rent
otherwise
expresses assent to the continuance of his possession, a
new tenancy comes into existence as is contemplated by
Section 116 , Transfer of Property ... tenancy contemplated by
Section 116 , Transfer of Property Act, is a new tenancy
which is brought into being after the expiry
month after month, without objection, with the result that a new tenancy was created, as contemplated by Section 116 of the Transfer of Property ... initially let out, the statutory tenancy that came into operation was a tenancy from month to month.
When the new tenancy was a monthly tenancy
also a change of the tenancy from an annual lease to a monthly tenancy and, as such, a new lease in place ... previous tenancy in a varied form. Certain agreed alterations necessarily involve the surrender of the previous tenancy and its replacement by a new tenancy
said compromise between the parties did not create any new tenancy or the old tenancy between the parties was continued to subsist. It was also ... terms of the consent decree neither amounted to creation of new tenancy nor the old tenancy was continued therefore, it was open for the decree
hand, Mrs. Mooseick held over after January 1, 1944, and a new tenancy was created under Section 116 of the Transfer of Property ... quit on December 31, Mrs. Mooseick held over and a new tenancy was created. Before a new tenancy can be created under Section
Agricultural Lands (Vidarbha Region) Act, 1958 (hereinafter referred to as the new Tenancy Act ). This Act came into force on December 30, 1958. The Deputy ... should be heard and decided in the light of the new Tenancy Act .
3. After this remand the Naib-Tahsildar rejected the application treating
English law regards the effect of waiver as creating a new tenancy, but the language of Section 113 points to a restoration ... respect of a periodic tenancy, such as a yearly tenancy, the effect of the notice is to bring the tenancy to an end just
