tenders the rent as the rent payable under the statutory tenancy, the landlord cannot be accepting it as rent, create a tenancy by holding over ... 1422 of AIR) thus :---
"It is well settled that statutory tenancy normally arises when a tenant under a lease holds over, that
tenancy and heritability is an incident of the tenancy. It cannot be assumed, however, that with the determination of the tenancy the estate must necessarily ... contractual tenancy and the statutory tenancy with regard to the heritability of the tenancy, when the tenancy has its origin. In contract, According to their
dtate of expiry of the contractual tenancy, the tenancy becomes statutory, immediately on the termination of the contractual tenancy. In fact, the termination ... statutory tenant with retrospective effect, the period during the exemption also gets transfformed into a period of statutory tenancy and that the mesne profits decree
Telangana Tenancy Act or Andhra Tenancy Act. Under the A.P. Rent Act, as noticed hereinabove, a tenant has only a statutory protection ... Judges of the Supreme Court). The distinction between contractual tenancy and statutory tenancy is thus completely obliterated by the rent control legislation.Though genetically
tenancy created by the tenant holding over is a new tenancy. In order to bring or create a new tenancy into existence, there must ... like Bombay Rent Act, Calcutta Thika Tenancy Act etc., which create statutory tenancy, the acceptance of rent in such circumstances by the landlord does
estopped. Whether there is a statutory provision conferring on the petitioners a right of statutory tenancy is a question of law which ... learned Judge assumed that there was no statutory provision conferring on the petitioners a right of statutory tenancy without examining the relevant statute and merely
Mali that where tenancies are terminated under a statutory provision the landlord acquires a statutory right to eject the tenants. As equity does not operate ... that equitable principles of waiver should apply in all cases of statutory tenancy. On the other hand reference was made to the decision in Raja
tenancy, such lease or tenancy if so desired by the Government be renewed on the same terms and conditions on which the lease or tenancy ... Corporation and till the date the statutory tenancy came to an end, i.e., 1-6-1987, the Corporation enjoyed the demised land
construed by the Madras High Court (3 supra) as referring to statutory tenancy. It was held that where a landlord is in occupation
with a statutory tenancy that a landlord accepting rent does not assent to a new contractual tenancy but continues the old tenancy." Thereby ... implied that the principle of waiver would apply even to a statutory tenancy.
65. Our learned brother K. Ramachandra Rao, J., rightly held
