explained the concept of statutory
tenancy and contractual tenancy. It was held that the concept of statutory tenant is
imported into the jurisprudence of this ... contractual tenancy of Shri Gopal Krishan Sharma vide earlier
notice dated 18.05.1971 and thereafter has treated his tenancy to be statutory tenancy.
The notice also
eviction
order or even on termination of his contractual tenancy.
It is only the statutory protections which enable such a
tenant to continue ... Property
Act (Fifth Edition) page 641). But, in the case of statutory
tenancy, i.e., where the tenancy has been terminated and the
tenant, however
cases the concept of statutory tenancy and contractual
tenancy was explained. It was held that the concept of statutory tenant is imported into
the jurisprudence ... that even if we consider the
son to have inherited the statutory tenancy it has come in the cross examination of DW1
that
Supreme Court of India further observed that concept of
statutory tenancy is well understood. Time and again it has been said that
SUIT ... 2007 PAGE 13 OF 16
statutory tenancy has no estate or property as a tenant at all, but has mere
personal right to retain possession
held that even after the termination of the tenancy of a tenant under
Section 106 of the Transfer of Property Act, 1882, a tenant ... parties, and which is sometimes also
referred to as a statutory tenancy. Paras 5 and 6 of the judgment in the
case of V. Dhanapal
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.
32. Every
death; then such a legal representative would inherit the
tenancy or the statutory protection of the tenant and would be a tenant for
the purpose ... possession of the premises
because he has not inherited the tenancy or the statutory protection of the
deceased tenant. The proceeding for the eviction
that on expiry of the period of lease, a month to month
tenancy came into being, which could be terminated by 15
days notice ... original lease.
In the absence of any agreement to
contrary statutory tenancy created under
Section 116 has to be invariably
determined in accordance with Section
Anand (supra), Bhagwati J. on the question
of inheritance of tenancy, whether contractual or statutory in
nature, has elucidated ... same, observing:
"2. The distinction between contractual
tenancy and statutory tenancy is thus
completely obliterated by the rent control
legislation. Though genetically the
parentage
cannot dispute identity of the
leased property and that it is his statutory obligation to keep
identity of the leased property ... land for
plantation, it is possible to decide the question of tenancy in this
appeal itself. The prohibition against deciding question of
tenancy
