partnership firm, but
such tenancy had expired in March 2001 and after expiry of such tenancy, a
new oral tenancy was created in favour ... new
proprietorship firm M/s. Hardat Rai Suresh Kumar & Company was created
under his proprietorship and a new oral tenancy was created with
New CS No. 620793/16 Harminder Singh V. Debamitra Sinha Page 11 of 43
1. Whether the tenancy of defendant's father late ... tenancy;
and
(iii) in the event of the death of the person continuing in possession after the
termination of his tenancy, subject to the order
totally irrelevant and
inconsequential in view of creation of new tenancy.
22. It is denied that Microbase Software Systems Pvt. Ltd. had in any manner ... that M/s Mircobase
Software Systems Pvt. Ltd. entered into a new tenancy agreement with
petitioner herself, after respondent no.1 M/s Food Products
surrender of the tenancy rights
arrived, the petitioner showed his inability to accept the surrender of the
tenancy directly and create new tenancy rights ... new lease to operate as a
surrender of the old one, the new lease must be operative. If
the new lease is void or voidable
tenancy has not
been accepted by the landlord. If upon, accepting the
surrender of tenancy of said tenant, occupation of a new
tenant is acknowledged ... rent from the new tenant, then by such
payment and acceptance of rent between tenant and
landlord, a new tenancy may be created
notice to quit does not amount to
creation of a new tenancy and that the notice to quit
is not waived by mere acceptance ... tenancy in law even though many of the
terms of the tenancy might be continued in it,
by implication; and that to bring a new
tenancy is not tenable.
Mere receipt of the rent even after the termination of the tenancy
cannot amount to the renewal of the tenancy ... fresh
contract of tenancy......."Para 30
In view of above stated discussion, after the termination of tenancy ,
new tenancy was created by accepting increased
tenancy is not tenable.
Mere receipt of the rent even after the termination of the tenancy
cannot amount to the renewal of the tenancy ... fresh
contract of tenancy......."Para 30
In view of above stated discussion, after the termination of tenancy ,
new tenancy was created by accepting increased
possession after the determination of the tenancy
will create a new tenancy. What the section
contemplates is that on one side there should ... tenancy in law even
though many of the terms of the tenancy might be
continued in it, by implication; and that to bring a
new
three years as per Section 6A of Delhi Rent
Control Act. New tenancy has been created and earlier notice dated
06.12.2007 served upon Sh. Kripal ... that tenancy cannot be created in vaccum. Once, a plea of new
tenancy was taken, there is an admission of landlord tenant relationship.
SCOPE
