contractual tenancy and that tenancy has never been
determined by due notice to quit. It, therefore, continues
in existence. The destruction of the house ... determination of tenancy under section 111 of the Act. In
other words there is no automatic determination of tenancy
and it continues to exist
which the tenant under the Act
despite termination of the contractual tenancy continues to
enjoy creates a heritable interest in the absence of any
provision ... tenancy, and
heritability is an incident of the tenancy. It cannot
be assumed, however, that with the determination of the
tenancy the estate must necessarily
here.
The Bombay Tenancy Act, 1939 preceded the Bombay
Tenancy & Agricultural Lands Act, 1948 . Chapter III of the
Bombay Tenancy Act, 1939 (Section ... tenancy, and heritability is
an incident of the tenancy. It cannot be assumed,
however, that with the determination of the tenancy the
estate must necessarily
conclusion that the consent terms necessarily continue the tenancy of the defendant. If the tenancy is continued by the consent between the parties, possession ... continue as tenant on previous terms, was noted specifically and it was held that the said consent decree provided for the continuance of the tenancy
position of tenancy at sufferance has been stated
thus : A tenancy at sufferance is merely a
fiction to avoid continuance in possession
operating ... landlord to the continuance of the
tenancy after the determination of the tenancy
would create a new tenancy. The possession of a
tenant
that even on the expiry of the contractual period
of tenancy, the tenancy continues under the provisions of
the Act and the tenancy continues ... cannot be said that a fresh tenancy was
created or the tenancy was allowed to continue on the expiry
of the month of April merely
quit and when that happens, the tenancy as a whole comes to an end for the tenancy cannot continue except with the consent ... When a tenancy is created by contract between the landlord and the tenant, the tenancy continues in force so long as it is not determined
structure does not extinguish the
tenancy and the right of occupation of the tenant under the contract of
tenancy continues to exist between the parties ... determination of tenancy under Section 111 of the Act and there is no
automatic determination of tenancy and it continues to exist. If the
tenancy
tenancy turned
to be a monthly tenancy and therefore the entire character
of tenancy changed, and the monthly tenancy therefore was a
new tenancy ... tenancy, and
when the fourth month begins, the tenancy becomes a four
months' tenancy, and so on so long as the tenancy
969
continues
appellants, so long the original tenancy held by Prabhat Chandra De is not extinguished, the said tenancy is continuing and as such, the plaintiffs ... that attornment does not create any new tenancy but by virtue of attornment the old tenancy continues. (See Uppalapati Veera Venkata Satyanarayanaraju
