does not grant a right to evict a
contractual tenant without determination of the
contractual tenancy."
But the above observation is followed ... terminate the
347
contractual relationship to obtain possession of the
premises for evicting the tenant. If the termination of the
contractual tenancy by notice does
view that a statutory tenant, whose
contractual tenancy did not specifically authorise him to
sublet or grant lease, could not create a valid licence
before ... contractual or
statutory tenant. But in the aforesaid category 'B' tenant
after termination of his contractual tenancy would not be
entitled to transfer
only a contractual tenant but also a tenant
remaining in possession of the building affect the termi-
nation of the contractual tenancy. Section 3 enacts ... above, includes
contractual tenant as well as tenant remaining in possession
of the building after determination of the contractual
tenancy, that is, statutory tenant
Transfer of Property Act .
Held, that where a contractual tenancy to which the rent
control legislation applied, had expired by efflux of time ... contractual tenant. The use of the adjective monthly " also
was not indicative of a contractual relation. The tenancy
of the appellant was determined
judgment
was assailed by the appellants-landlords was that after their contractual
tenancy was determined the two original tenants were reduced to the status ... 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
expiry of the contractual period
of tenancy, the tenancy continues under the provisions of
the Act and the tenancy continues on the same terms ... with a
person whose contractual tenancy still subsists. The
incidents of such tenancy and a contractual tenancy
must therefore be the same unless any provision
expiry or
determination of the contractual tenancy. A statutory
tenancy, therefore comes into existence where a contractual
tenant retains possession after the contract has been ... right to the landlord to evict a
contractual tenant without first determining the contractual
tenancy. In Mangilal v. Sugan Chand(3) while construing
section
awarded not from
the date of termination of the contractual tenancy but only
from the date when an eviction decree is passed.
New plea ... person whose
contractual tenancy
(1)[1976] Suppl. S.C.R. 645.
630
stiff subsists. The incidents of such tenancy
and a contractual tenancy must therefore
Bombay Rents, Hotel and
Lodging House Rates (control) Act, 1947-Contractual tenancy
determined by efflux of time-Tenancy thereafter protected by
statute Tenant continuing ... right to
the landlord to evict a contractual tenant without first
determining the contractual tenancy. After referring to the
decision of this Court in Mangilal
have
remanded the case for determination of the question whether
the contractual tenancy had been terminated; (ii) whether
the protection afforded ... after hearing both sides come
to the conclusion that the contractual tenancy had been duly
terminated by a notice. In these circumstances there
