heirs' father from whom they
inherited the tenancy rights had availed of the benefit of provisio of sub-
section (3) of Section ... respondents herein being the heirs of Badri Lai
inherited the statutory tenancy and they became tenant of the said
accommodation of which Badri
statutory tenant ......Where Rent Acts are in force acceptance of rent may be attributable to the statutory tenancy continues so long as there ... suit for eviction arises, the tenant becomes a statutory tenant and the landlord a statutory landlord.
44. Section 11 of the said Act overrides
types of premises may be in its applicability to heritability of statutory tenancy and that there is rational nexus between this classification and the purpose ... heirs of the statutory tenants of commercial premises and not to extend such rights to the heirs of the statutory tenants of residential premises
party rights therein in favour of others or in tenanting it, creating statutory rights against dispossession or eviction. What is meant to be covered ... frustrated on creation of third party rights or a contractual or statutory tenancy, there remains no right with the males to resist partition
said act which was enacted for regulating such tenancies, the tenancy became a statutory one to the extent covered by the statute, but the other ... arise.
38. Although the contract is a statutory one in so far as the terms of the tenancy which are governed by the provisions
would be on him. That case related to a agricultural tenancy. A simple
tenancy can be terminated by service of notice under Section ... Tenancy Act, 1956 .
In terms of the 1956 Act, the tenant upon termination of tenancy does
not become a trespasser. He becomes a statutory tenant
said case the tenancy was governed under the Rent Control Act and even after termination of tenancy the protection to tenant continued and the status ... unauthorised and he did not enjoy the status of statutory tenant after determinaiton of the tenancy."
38. Before the Court of Appeal the only
Bombay
Act, in terms whereof assignment of a business together with tenancy right
was permissible. Furthermore, Section 15 does not contain an absolute ... eviction. We are concerned with a partnership. Assisgnment of tenancy
having regard to the statutory provision would not attract Section 23 of the
Indian Contract
terminated this tenancy on any of the
grounds specified in section 14 , or has so terminated the tenancy
but has not applied to the Mamlatdar ... make any amendment in the Tenancy Act in view of the
fact that the relevant provisions of the Tenancy Act were made part
statute. After the 1976 Act came into force, the tenancy became a statutory one. The said statute does not provide that even after automatic termination ... statutory right. Nothing has been stated in the writ petition as to how and in what manner the rent was deposited.
38. The tenancy stands
