tenancy. Had the origin of the tenancy
been not known an inference could fairly have been drawn
from the facts that the tenancy was permanent ... establish this
claim. Where the tenancy is granted by an instrument in
writing, the question whether the tenancy is permanent is a
matter of construction
years of the
lease, the tenancy will be merely a tenancy at will. It was
clearly a tenancy for an indefinite period, at the least ... intended to be tenancy at will. But
whether it is a tenancy for life or a
permanent
permanent tenancy.
6. This suit was on January 16, 1906, decreed by the Subordinate Judge. He held that the tenancy was not a permanent ... nature of the tenancy, the implication would be the other way, namely, that the tenancy is not permanent. It is only the judgment by which
tenant denies the title of the landlord or claims right of permanent tenancy, the Rent Control Court shall decide whether the denial or claim ... title of the landlord or the claim of the right of permanent tenancy is bonafide. Only such a decree can be executed against the tenant
TENANCY HOLDING OVER AND TERMINATION OF TENANCY :
The plaint as originally filed stated that the lease dated July 10, 1903, purported to be a permanent ... wish, the tenancy was construed as tenancy at will of the lessee and by implication of law, such tenancy is tenancy at will
create a permanent lease, or when it is clear that the lessee was all along claiming the right of permanent tenancy. It seems ... right of permanent tenants because they have not proved that they have been in possession with a notorious claim of permanent tenancy to the knowledge
Land Revenue Code as raising in their favour a presumption of permanent tenancy. That section provides :
.. where by reason of the antiquity of a tenancy ... lapse of time convert the tenancy into one of that kind. Whether a tenancy is permanent or not must depend on the facts
claim is that they were to be allotted on permanent tenancy/
ownership basis. The petitioners were informed to form an
association of such persons. This ... claim that they must be
granted the tenements on permanent ownership basis or
permanent tenancy basis. None of the decisions and relied upon
document in writing under which the tenancy of the Doluis came into existence. Whether the tenancy was permanent or otherwise at its inception, must, therefore ... footing that the tenancy has come to an end and the act which determines the tenancy extinguishes in law the sub-tenancy also.
17. This
abeence of the facts from which an inference of a permanent tenancy could be drawn, but there is equally an absence of evidence to establish ... occupation. In my judgment, the defendants' claim to a permanent tenancy fails. But there is another matter to be considered before this appeal
