view. Statutory tenant in this case was held incompetent to sublet. In the case of J. C. Chatterjee v. Kishan Tandon statutory tenancy was held ... High Court and the Supreme Court on the ground that statutory tenancy was not heritable and heirs could not claim any right therein. Reliance
death, she alone will get a right to inherit the statutory tenancy to the
exclusion of all other heirs, and that ... heritability of residential premises in
the case of a Statutory tenancy is that if the tenant, at the time
of his death, leaves behind
over is a statutory tenancy which enables the tenant to retain possession after the expiry of the contractual tenancy. The statutory tenancy so created continues ... holding over, a statutory tenancy which enabled the tenant to retain possession after the expiry of contractual tenancy and such statutory tenancy continued till
even if the Court directed payment of arrears of rent, a statutory tenancy which had come into being by operation of law could ... stating that leasehold interest of the appellant company being a statutory tenancy in the premises leased out, cannot be said to be a property
contractual tenancy is a creation of a contract whereas a tenancy which has been created by any statute is called a statutory tenancy ... would be applicable in respect to statutory tenancies also, is a matter of deliberation.
In a statutory tenancy, rent once fixed either with the agreement
before the contractual tenancy was terminated then the heirs would inherit the tenancy. It would thus show that the contractual tenancy is heritable ... provisions of the statute a statutory tenancy is also heritable like the contractual tenancy. Even as regards the statutory tenancy the matter is placed beyond
themselves had taken up the plea that they had inherited the statutory tenancy which had subsisted in favor of Uma Pershad. The question, therefore ... death of Uma Pershad his heirs succeeded to the statutory tenancy. Whatever may be the state of law today the fact is that
tenancy in the Rent Control Act and thereby terminating a contractual tenancy
(even while it was subsisting) and converting it into a statutory tenancy ... process. Since such a statutory protection is given such
tenancies are called statutory tenancies. For a contractual tenancy, protection
is self-made by the parties
done away with the
distinction of statutory tenancy and contractual tenancy. Hence, the
provisions of the Bombay Rent Act including all the provisions ... lease in perpetuity or whether it is contractual tenancy or
statutory tenancy.
Reliance is also
placed on the decisions of the Apex Court in Parasram
draft dated December 5, 1989, in consideration of surrendering the statutory tenancy rights and/or possessory rights in property situated at Cadell Road, Prabhadevi, Bombay ... premise, it was argued, on behalf of the assessee, that a statutory tenancy was a capital asset. That, when the tenant surrenders the tenancy
