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
expired by efflux of time. On such expiry,
allegedly a new tenancy was created in favour of petitioner. In context of this
contention, argument made ... protection under West Bengal Premises Tenancy
Act, 1997 . He submitted, no new tenancy was created. He reiterated, this point of
arbitrability and, therefore, jurisdiction
failed to produce any
such agreement, cannot claim creation of a new tenancy.
Heard learned advocate for the parties, perused the materials on record ... said Act does not
restrict creation of new tenancy only by written agreement as suggested by the
learned advocate for the petitioner; the said proviso
complete construction of the new
building and to hand over the tenements of the appellants in the
new building on ownership basis ... parties provided that the tenancy
rights of the appellant would continue till possession of the
permanent alternate accommodation in the new building would
be handed
hired some place nearby and shifted the business
of Photostat to the new premises. With the assistance of his
RCT ARCT No. 01/2019 Page ... Apollo Zipper India
Limited (supra) that attornment does not create any new
tenancy but once the factum of attornment is proved then by
virtue
complete construction of the new
building and to hand over the tenements of the appellants in the
new building on ownership basis ... parties provided that the tenancy
rights of the appellant would continue till possession of the
permanent alternate accommodation in the new building would
be handed
complete construction of the new
building and to hand over the tenements of the appellants in the
new building on ownership basis ... parties provided that the tenancy
rights of the appellant would continue till possession of the
permanent alternate accommodation in the new building would
be handed
complete construction of the new
building and to hand over the tenements of the appellants in the
new building on ownership basis ... parties provided that the tenancy
rights of the appellant would continue till possession of the
permanent alternate accommodation in the new building would
be handed
complete construction of the new
building and to hand over the tenements of the appellants in the
new building on ownership basis ... parties provided that the tenancy
rights of the appellant would continue till possession of the
permanent alternate accommodation in the new building would
be handed
complete construction of the new
building and to hand over the tenements of the appellants in the
new building on ownership basis ... parties provided that the tenancy
rights of the appellant would continue till possession of the
permanent alternate accommodation in the new building would
be handed
