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
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
Judge Constitution Bench held that the rule of heritability
extends to statutory tenancy of commercial as well as residential
premises in States where there ... propose to deal with the wider proposition that a
statutory tenancy which is personal to the tenant cannot be bequeathed
at all under a will
Even otherwise, the tenancy created in favour of the appellant was
statutory tenancy under the East Punjab Urban Rent Restriction Act, 1949
and the landlord ... Appellate
Authority, as tenancy of revision petitioner is a statutory tenancy under
the East Punjab Urban Rent Restriction Act, 1949 . For termination of the
statutory
Judge Constitution Bench held that the rule of heritability
extends to statutory tenancy of commercial as well as residential
premises in States where there ... propose to deal with the wider proposition that a
statutory tenancy which is personal to the tenant cannot be
bequeathed at all under a will
dated 17.07.1996
stands exhausted and as a result of which the statutory tenancy of Dr.
M.B.Lall reverted back to the contractual tenancy ... suit property as a statutory tenant, thus the effect of the same is that
the said statutory tenancy of Dr. M.B. Lall has devolved
succession certificate); and (vi)
eviction or tenancy matters governed by special statutes
where the tenant enjoys statutory protection against eviction
and only the specified courts ... with
laws governing tenancy operated through the Rent Controller constituted
under statutory tenancy laws.
10. In Natraj Studios (P) Ltd. v. Navrang Studios and another
Rent Controller. As the
appellant Bank became a statutory tenant after termination of tenancy, it is
difficult to accept contention of the respondent-plaintiff ... held that even
after expiry of period of tenancy, the tenancy is governed by the terms of the
rent deed executed by the tenant
status. Discussing whether the protection available to a statutory tenant who
steps into a contractual tenancy by operation of law can be further extended ... judgment observed as
follows:-
"The distinction between contractual tenancy and statutory tenancy
is completely obliterated by the rent control legislation. Though
genetically the parentage
Supreme Court Cases 683 supra, the character of a tenancy after the termination of tenancy, having regard to the Rent Control Legislation was discussed ... also held that the distinction between the contractual tenancy and statutory tenancy is completely obliterated by the Rent Control Legislation and though genetically the parentage
