execution application could be accepted as evidence of creation of a new tenancy. Payments were made after the eviction order at the rates ... Section 106 . The tenancy created by holding over is a new tenancy in law by implication even though many of the terms
over is not of much consequence. By the creationo f
the new tenancy agreement (Ext.B2) the parties did
not continue ... tenancy but started a new one.
This substitution of new arrangement and the
determination of th old tenancy by mutual
agreement did clearly indicate that
binding.
(13) A tenancy created by holding over is a new tenancy.
But, it requires a bilateral act. If there is no consent for possession ... 2010 40
possession are wrongful. A tenancy at will is a
new tenancy created by a bilateral act of offer and
acceptance lessee
tenancy' would only
mean that it was a fresh tenancy and not holding over of the
earlier tenancy or continuance of the earlier tenancy ... tenancy but started
a new one. This substitution of new arrangement and the
determination of the old tenancy by mutual agreement did
clearly indicate that
life after death. The
statutory tenancy arises phoenix-like out of the ashes of
the contractual tenancy.
The contractual tenant may die but the statutory ... reason of death of the
original tenant a new tenancy is not created'.
43. The long title to the Act indicates that
new one. This substitution of new arrangement and the determination of the old by mutual agreement clearly indicates that the tenant surrendered his tenancy rights ... rented out to the tenant on rental basis, since a new tenancy is created, the tenant is not
entitled to get the benefit
consent of the tenant. The finding as to creation of sub-tenancy has been recorded by the learned District Judge on appreciation of evidence within ... provisions thereof. By reason of death of the original tenant, a new tenancy is not created. A successor-in-interest of a tenant holds
possession is or is not with the assent of the landlord. A tenancy at sufferance is therefore, obviously, not consensual in character and arises only ... continuance of possession are wrongful. A tenancy at will is a new tenancy created by a bilateral act of offer and acceptance --lessee
that the tenants
have in fact acquired so many buildings after the tenancy and
they are in possession of those buildings which are more than ... landlady's husband Dr.Raja
Venkittaraman has created a new tenancy with the landlord
with respect to building No.19/1823 on the Kallai
possession of the tenanted premises to
the said third party, no new tenancy is created which may legally bind the
landlord. The Rent
