several English decisions
held:-
"(1) A lease, which creates a tenancy for a
term of years, may yet confer on the lessee
an option ... read it, that means there is
included in the new tenancy agreement a
right in the tenant, if he thinks
provisions thereof. By
reason of death of the original tenant, a new
tenancy is not created. A successor-in-interest
of a tenant holds
special leave.
Two questions arise for decision:-
(1) Whether a new tenancy comes into existence, between the
parties, on possession being restored to the tenant ... demolished and a new building has been erected. The tenant,
when he re-enters into possession, does so under the original tenancy
which stands statutorily
passed by the Appellate Authority. The landlords agreed to
create a new tenancy in favour of tenant-respondent in respect
of a room, a kitchen ... covered passage accommodation
situated on the ground floor under the new tenancy at a new
rate of rent with effect from 1.10.1986. The arrangement made
otherwise expresses assent to the continuance of his possession, a new tenancy comes into existence as is contemplated by Section 116 , Transfer of Property ... assessing authority shall enquire :- (i) Has there been any new agreement of tenancy between the landlord and the tenant after 31st August, 1974 and effective
Park, New Delhi. The defendant- appellant has been a tenant in the premises on a monthly rent of Rs. 14,000.00 . The tenancy runs from ... new implied tenancy. I, have no ground for thinking that a new tenancy was created."
(11) Following two decisions in which acceptance of rent
unauthorisedly sub-let assigned or parted with possession of portions of the tenancy premises without consent in writing of the landlord/appellant ... premises No.6, Sunlight Building, 26-28, New Wing, Asaf Ali Road, New Delhi. Tenancy was created w.e.f. 21.8.60 by a registered lease
appellants nos. 1 and 2. They are inducted into possession of the
tenancy premises by the tenants or the tenant and his sub-tenant.
Simply ... tenancy
premises on the tenancy coming to an end.
It is not disputed that the tenancy premises have been
demolished and new premises have been
tenancy premises. The tenants are in appeal by
special leave.
The tenancy premises are situated at B-44, Greater Kailash, Part
I, New Delhi ... premises and the appellants
are the tenants. The terms of tenancy are incorporated in a document
dated 13th September, 1971 called Licence Deed. The Rent
High Court disposed of both the revisions holding that subletting
of tenancy premises by the tenants was made out and hence order for
eviction ... purpose, and therefore, the New Act is not applicable to
the premises.
As the tenants did not vacate the tenancy premises on or before
