commencement of the tenancy; and the
tenancy referred to in Section 32-0(1) is a tenancy
"created after the tillers ... tenancy recognized and declared by the tenancy
authorities de hors the landlord. The contention must
be upheld. If the tenancy was 'created
whom the landlord had contracted is dead. Besides,
a statutory tenancy is personal to the tenant. In
certain contingencies as contemplated in Section ... that there must be a
contractual tenancy in existence before any statutory tenancy can be
posited in favour of a tenant. The tenant whose contractual
tenancy was created within the
meaning of the West Bengal Premises Tenancy Act,
1956 and the Appellants/Defendants became
statutory tenant under the said ... over is a statutory tenancy which
enables the tenant to retain possession after the expiry
of the contractual tenancy. The statutory tenancy so
created continues
That however would not confer
upon him the entitlement of the statutory tenancy under Section
5(11)(c) of the Bombay Rent ... judgment that the
legislature had not intended to confer the statutory tenancy
upon a testamentary heir. Even the reasoning for this ultimate
conclusion is given
Kanta Khurana died
on 05.06.2009 and the protection of statutory tenancy ended with that and the defendants being
LRs of Smt. Kanta Khurana are liable ... against the LRs of statutory tenant is not barred under the
provisions of DRC Act as after termination of statutory tenancy, LRs have become only
judgment that the
legislature had not intended to confer the statutory tenancy upon a
testamentary heir. Even the reasoning for this ultimate conclusion is
given ... contracted is dead".
It is thereafter observed:
"Besides, a statutory tenancy is personal to the tenant".
The further analysis of the reasoning
Radhey Shyam Srivastava on 15.11.1969 and on the basis of their statutory tenancy over the property in dispute.
15. Petitioners have reiterated their claim ... basis of agreement to sale or on the basis of statutory tenancy. Therefore, application of petitioners dated 21.4.1995 for grant of freehold rights
K.K.Khosla (After Lunch) vs Addl. District Judge Xiv Lucknow & ... on 20 February
Prakash Gobindram Ahuja vs Ganesh Pandharinath Dhonde on 12 April, 2013
Author: R.C. Chavan
long duration. If so, the company
was a statutory tenant under the Rent Act . The statutory tenancy
confers the right to be in possession
