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
gave a notice purporting to act under Section 38 of the new Tenancy Act to both Azimsha and Pandurang, terminating the tenancy of the lands ... filed by Manoramabai before the Tahsildar under Section 36 of the new Tenancy Act . The Revenue case against Azimsha was registered as Revenue case
indicate that far bringing about a waiver
under the section a new tenancy by an express or implied
agreement must come into existence. All that ... quit it is not revived by
anything short of a new tenancy and in order to create a new
tenancy there must be an express
consent decree. The question whether a consent decree creates a new tenancy or grants fresh licence is not matter of authority but is a question ... thus we settled that whether a consent decree creates a new tenancy or continues the old tenancy has to be decided on the language
application to the Tahsildar under Section 8(3) of the new Tenancy Act for the correction of the entry. The contention of respondent ... deemed to be a tenant under Section 6 of the new Tenancy Act because he was the person lawfully cultivating the land belonging to another
imagination could be said to be an act of creating a new tenancy in favour of the respondent.
14-B. He further contended that ... tenancy of the defendant. If the tenancy is continued by the consent between the parties, possession of the premises covered by that tenancy cannot
provisions of Section 38 (7) of the new Tenancy Act and the application was therefore not tenable. The appellate authority, in a short order, disposed ... effect of Sub-section (7) of Section 38 of the new
Tenancy Act . It was held that inasmuch as the petitioner had acquired the field
possession under S. 36 read with S. 19 of the new Tenancy Act . In those proceedings the petitioners admitted that Rs. 159 were due from ... make an application to raise a new ground based on the provisions of S. 46 of the new Tenancy Act . Accordingly the petition has been
tenancy. He would also
contend that earlier notice of termination issued by the
decree holder terminating the tenancy is wiped out on
account of new ... arise since
decree holder - landlord has not accepted about creation of
new tenancy under the compromise petition. It is also
contended that notice of termination
possession after the determination of the tenancy will create
a new tenancy. What the section contemplates is that on one
side there should ... holding over' of a lessee or
under lessee is a new tenancy in law even though many of the
terms of the old lease
