suit.
The plaintiff contended that, the defendant could not establish a
new tenancy coming into being between the defendants and
superior landlord. It was also ... lease
expired on February 8, 1975. After such expiry a new tenancy
came into being between the Defendant No. 6 and Lalita
Sadhukhan
there was ever any agreement between the parties to create a new tenancy in favour of the plaintiff in respect of the disputed premises ... direct evidence that there was an agreement to create a new tenancy in favour of the plaintiff firm in May, 1971. Kuljit Singh
defendants held over as monthly tenants of the suit premises. The new tenancy thus created expressly and/or impliedly had not been validly terminated ... possession after the determination of the tenancy will create a new tenancy. What the section contemplated is that on one side there should
tenant contested the suit mainly on two grounds first, that a new tenancy was created on 20th September, 1965 under the new landlord ... such as having a new bathroom in place of an old one, does not, in my opinion, create a new tenancy by implied surrender
defendant when the new ijaradar obtained his title with effect from the 10th July 1884, and that such new tenancy was affected by the provisions ... new contract, should be paid annually. There is also no evidence to show that there was an implied agreement that the new tenancy should
other accommodation and he goes on to add that a "new tenancy was created with effect from 1-4-46." In cross-examination ... altered.
7. The statement we have to consider is: "a new tenancy was created with effect from 1-4-46'' which
case two views are possible--(1) that it was a new tenancy and (2) that it was the old tenancy under the above registered lease ... renewal clause, and subject to its terms. The theory of a new tenancy has been pressed by the defendant appellant and it has been argued
however, submitted that on expiry of the option period, a new tenancy came into existence under following circumstances. The rent for one year used ... Annapurna Seal v. Tincowri Dutt):
"The implication of the new tenancy rest upon the presumed intention of the parties.. ... ... The presumed intention
plaintiff and the sub-tenants. It was held that a new tenancy was created between the plaintiff and the sub-tenants. Mr. Justice Mukherjee ... also show that he was intending either to create a new tenancy or to continue the old one. The amount deposited was withdrawn on behalf
waived under Section 113 , Transfer of Property Act or a 'new tenancy' created by holding over under Section 116 of the said ... said tenancy under Section 113 , Transfer of Property Act or renewal of the old tenancy or the creation of a 'new tenancy
