fixed term operates for fixed term whereas the
monthly lease operates from month to month. The „erstwhile‟
tenant whose term has expired ... notice had to terminate the tenancy on a date
expiring with the tenancy month which provided a fertile
ground to the tenants to contest
tenancy was
created de hors the Kabuliyat, and as the new tenancy was
for building purposes, it. was a tenancy from month to month ... rent from him in the year
1926. The tenancy thus created would be a tenancy from
month to month under section 116 , Transfer
Property Act created a monthto-month tenancy terminable
by 15 days notice ending with the tenancy month given under ... Transfer of Property Act created a month-to-month
tenancy terminable by 15 days notice ending with the tenancy
month given under
tenancy is that as each
period commences, it is not a new tenancy, it is really an
accretion to the old tenancy. A monthly ... tenancy and
not a new
973
tenancy. Merely because there is change in a tenancy namely
that it has become a monthly tenancy
tenancy was created. That
notice is not valid as the tenancy has not been terminated with the expiry of the tenancy month which ... reasons: firstly, the
notice does not terminate the tenancy with the end of tenancy month and secondly all the co-owners have not joined
August 27, 1965, and that the contractual monthly tenancy of Bhaiya Ram tenant had not been terminated any earlier by any other notice ... relates to a contractual tenancy or to a statutory tenancy. Their Lordships further held that where a contractual tenancy to which the rent control legislation
notice shall not be less than a month expiring with a month of the tenancy. There is no prescribed form of such ... period of not less than a month,
expiring with a month of the tenancy. The real
difficulty arises in the case
becomes that of a tenant from month-to-month. Similar, i.e. from month-to-month, is the status ... tenant from month-to-month to a tenant at sufferance, stands restored to a month-to-month tenant. The position would
that
the legal notice did not terminate the tenancy from the end of the tenancy
month. The language of Section ... such notices
did not terminate the tenancy with the expiry of the tenancy month, the
Legislature thankfully became alive to this undesirable position
that since the Trial Court held it be a month to month tenancy, it could only be terminated by serving a valid notice ... show that it did not determine the tenancy with the end of the tenancy month hence it was not the tenancy
with