lease and be granted leasehold rights afresh under a new tenancy, nor can it be said that de hors the intention of the parties ... new tenancy had come into existence by operation of law.
14. To my mind the Tribunal was in error in reversing the order
July, 2001 and from the said date i.e. 01.07.2001, a new tenancy
was created in favour of the appellants by the father ... withdraw the admission
already made, to incorporate the new plea of alleged new tenancy
w.e.f. 01.07.2001. On the basis of the written statement
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
enhanced from
Rs.40/ to Rs.170/ per month. A new tenancy thus came into
existence from July, 2001 but the learned Additional Rent
Controller ... admission made
on the record in regard to non creation of new tenancy w.e.f. July,
2001. The learned Trial Court has failed
tenancy has not been
accepted by the landlord. If upon accepting the surrender of
tenancy of the said tenant, occupation of a new tenant ... rent
from the new tenant, then by such payment and acceptance of
rent between the tenant and landlord, a new tenancy may be
created
rent from the new
tenant, then by such payment and acceptance of rent
between the tenant and landlord, a new tenancy may be
created ... possession of the tenanted premises
to the said third party, no new tenancy is created which
may legally bind the landlord. By mere acceptance
possession after the determination of the tenancy will create a new tenancy."
(11) It is apparent that after the determination of the tenancy ... better position than a tenant at will and a new tenancy is created in his favor.
(12) The learned counsel for the appellants, however, laid
possession of the tenanted premises to the
said third party, no new tenancy is created which may
legally bind the landlord. By mere acceptance ... tenant in the
name of the registered society, neither a new tenancy nor
a valid sub-tenancy in favour of the said registered
society
inference that a contract of tenancy was changed and a new contract of tenancy came to be made between the parties by virtue of which ... that in November 1964 after Kailash Kumar attained majority that the new tenancy came into existence. The learned counsel for the respondent has pointed
