after 21st May, 1959 unless the contract of tenancy
positively allowed to do so, that a statutory tenant
continued to be possessed of the same ... referred
to.
872
2.5.2 If the view that a statutory tenant, whose
contractual tenancy did not specifically authorise him to
sublet or grant lease, could
occupation by the tenant so as
to preserve the
1194
statutory tenancy for as long as the marriage itself sub-
sists. In those circumstances ... even if the tenant consents or purports to surren-
der his statutory tenancy. This is the result of the case
law in England and much
West Bengal Premises Tenancy Act. 1956, prior to its amendment by the West Bengal Premises Tenancy (Amendment) Act, 1968 can the take advantage ... decree is made by a Court of competent jurisdiction, the statutory tenancy comes to an end. The liability under Section 17 (1) is the liability
possession of the
building after determination of the contractual tenancy,
i.e. statutory tenant, and both contractual tenant and
statutory tenant could, therefore, apply ... submission that in
the emerging jurisprudence of tenancy legislation the dis-
tinction between statutory tenant and contractual tenant has
disappeared. The said view
tenancy legislation, the main purpose of
which is to confer protection on the tenants against
eviction by the landlord, unless certain statutory
conditions are fulfilled
Lease created by mortgagee in possession of urban
immovable property--Tenancy whether entitled to statutory
protection of Rent Act .
HEADNOTE:
In the matter giving rise
consent and that was a breach of the terms of
tenancy. They also confirmed the finding of the trial court
that the respondents ... lease of the landlords and the tenants
were not statutory tenants whose contractual tenancy had
come to an end by efflux of time
Kulkarni continued to occupy it as a statutory
tenant. On the sale of the suit property the tenancy of Shri
S.H. Kulkarni was duty ... failed and neglected to pay the arrears of rent within
the statutory period in spite of the notice under Section
12(2) of the Bombay
said land had been transferred
to the various tenants under the Bombay Tenancy &
Agricultural Lands (Vidarbha Region) Act , l958 (hereinafter
called 'the Bombay ... According to the petitioner. the order of
the tenancy authorities conferring upon tenants the right of
statutory purchaser and the Bombay Act had become final
vesting it could be said that there is a statutory surrender or extinction of the tenancy. So that there is an implied repeal of Section ... reason of the statutory bar there cannot be in law a sale of the defaulting holding under the Bengal Tenancy Act and other Statutes
