...(11) RF 1978 SC1518 (6,7,13) ACT: Tenant, Eviction of-Determination of lease by efflux of time-Tenant continuing in Possession on Payment ...that if a lessee of property remains in possession thereof after the determination of the lease granted to him and the lessor accepts rent from the lessee or otherwise assents to his continuing in...determination of the contractual tenancy will not afford ground for holding that the landlord has assented to a new contractual tenancy. It was observed by B. K. Mukherjee, J. (as he then was), in Kai Khushroo v. Bai Jerbai...

...from a building after the determination of his lease, or for recovery from him of rent in respect of the period of occupation thereof during the continuance of the lease, or ...and occupation thereof after such determination of lease, the reference in this sub-section to two thousand rupees shall be construed as a reference to five thousand rupees.”3. It is...including a suit by a lessor for the eviction of a lessee from a building after the determination of lease, and for the recovery from him of compensation for the use and occupation of that buildin...

...except in regard to any matter which is not provided for in the State Act either expressly or by necessary implication.6. Section 111 deals with the question of determination of lease, an...in various clauses (a) to (h) methods of determination, of a lease of immovable property are provided. Clause (g) deals with the forfeiture of lease under certain circumstances and at the...found from the definition in Section 5 that any person remaining in the building after the determination of the lease is a tenant within the meaning of clause (11). Section 12 of the Bombay Act says...

...tenure of this lease and/or sooner determination thereof for any reason whatsoever.”Similar recitals are found in clause 14 of the lease deed which reads as under...property had to be handed over to the lessor. Besides under Section 108(q) of the Transfer of Property Act, on the determination of the lease, the lessee is bound to put the lessor into possession ...in possession after the determination of the term, the common law rule is that he is a tenant on sufferance. The expression ‘holding over’ is used in the sense of retaining possession. A distinction should be drawn between ...

....10. Two submissions were made at the hearing of the writ petition. First, the petitioner was a tenant holding over after the determination of lease and that the continued occupation of the ...of tenancy based on the doctrine of holding over and the consequential immunity from eviction till the determination of lease must be rejected outright. The argument has been built upon the premise...that after the determination of the lease on and with effect from April 1, 1964, the petitioner continued to occupy the premises with the implied consent of the lessors and that the rent or an amount...

...prays for grant of compensation for use and occupation of the building for the period after determination of lease. In other words, the submission is that where compensation for use and occupation ...the building after determination of lease is not claimed, the suit would not be maintainable before Judge Small Causes, but would lie before regular Civil Court. Section...: Provided that in relation to suits by the lessor for the eviction of a lessee for a building after the determination of his lease or for recovery from him...

...not recorded any specific finding on the legality and validity of the notice of determination said to have been given under the letter dated 18-4-1974 by the respondent Company. Shri Gupta further contended that even assumi...not a condition precedent in law for determination of lease. Therefore, submitted Shri Sen, merely because vacant possession of the suit premises was not given to the landlord by the Company it could...not be held that there was no valid determination of the lease. Shri Sen fairly accepted the position that the courts below did not record any specific finding regarding the validity or otherwise of...

...the recovery of an interest in such property, but not including a suit by a lessor for the eviction of lessee from a building after the determination of lease, and for the recovery from him of...compensation for the use and occupation of that building after such determination of lease.Explanation.—For the purpose of this Article, the expression Building means a residential or non...Small Cause Courts Act, 1887, for the trial of all suits (irrespective of their value), by the lessor for the eviction of a lessee from a building after the determination of his lease, or for ...

...Property Act contains 12 sections —Sections 105 to 116. Of these Section 111 contains provisions as regards the determination of lease. Clause (g) of this section as it stood at the time the Legislature...and as it stands now applies to the tenancy in the present litigation there is no escape from the conclusion that there has been no determination of the tenancy under the provisions of Section 3 of the Bombay Tenan...predecessor-in-interest. One of the terms of the lease was that if rent for three consecutive years fell in arrears the Mulegeni right will be void and the lessee should hand over possession of the...

...Rajiv Sahai Endlaw, J.:— The short point in controversy in this petition is as to whether a writ impugning the order of determination of perpetual lease is not maintainable for the reason...respondent DDA was thus requested to withdraw the notice of determination of lease. The Estate Officer of the respondent DDA however issued the notice dated 5th May, 2006 (supra) under section 4 ...act and whereafter this writ petition was filed.5. The counsel for the petitioner during the hearing has urged that the order of determination of lease is after five years of the notice...

...the aforesaid judgment is quoted below:“From above said discussions it is held that rights of Asami can be extinguished by determination of the lease under Rule 176-A (2). It is further...found that after determination of the lease there is no necessity of filing a suit under section 202 of the Act for ejectment of the asami and the possession of the asami can be taken by ...Management Committee in accordance with the Rules from the commencement of agricultural year following the date of the order. It is further held that before determination of the lease under...

...Cause Courts Act, 1887, for the trial of all suits (irrespective of their value), by the lessor for the eviction of a lessee from a building after the determination of his lease, or for the recove...compensation for the use and occupation thereof after such determination of lease, and may withdraw any jurisdiction so conferred.Explanation.—For the purposes..., namely:‘Provided that in relation to suits by the lessor for the eviction of a lessee from a building after the determination of his lease, or for recovery...

...deed. Mere demand of rent would not be a ground to say that it was a case of determination of lease by forfeiture under section 111. (g) of Transfer of Property Act.4. Sect...) of the Transfer of Property Act provides for determination of lease by forfeiture. Category I of Clause (g) of section 111(g) of the Transfer of Prop...determination of lease by forfeiture in case, the lessee breaks an expression condition and that on breach thereof, the lessor may reenter.5. Category (II) of Clause (g) of section 111(g...

...not in accordance with Article 54. I do not find any merit in this argument. What has taken place is the determination of lease and it is a surrender of lease. According to the learned State Attorney...Supreme Court has no relevance in the matter. That be so, there is only determination of lease by express surrender by executing a document. Thus, Article 54 alone would apply for such determination of ...A. Muhamed Mustaque, J.:— The petitioner is a lessee. The lease was for the period of 20 years. The petitioner, after the period of three years, decided to surrender the lease. As per the...

...Rules for determination of the lease is rightly invoked, proviso to sub-rule(4) of Rule 44 mandates that an order of determination of lease sh...transported for the subsequent time also and the Competent Authority shall also order for determination of lease or licence. Provided that, no such order of determination shall be made with giving the...passing an order of determination of lease under the proviso to sub-rule (3) of Rule 6. There cannot be determination of lease unless the said conditi...

...determination of his lessee, for recovery from him of rent in respect of the period of occupation thereof during the continuance of the lease, or of compensation for the use and ..., such determination of lease, the reference in this sub-section to two thousand rupees shall be construed as a reference to five thousand rupees.Explanation—For the purposes of this sub...(irrespective of their value), by the lessor for the eviction of a lessee from a building after the determination of his lease, or for the recovery from him of rent in respect of the peri...

...filing a suit under Section 202 of the Act.(iii) Even if in exercise of powers under Rule 176A of the Rules, the lease of the petitioner could have been determined, the ejectment of...for the Assistant Collector-in-charge of the Sub-Division to determine at any time the lease in favour of an asami and upon such determination, the asami shall not be entitled to any compensation....(3) Every order of determination of lease under sub-rule (2) shall be effective from the commencement of the agricultural year following the date of th...

...determination of lease, and as no such notice was given, the tenancy did not terminate. It also held that the condition of one month's notice was not in any way affected by the term in the rent-note that...defendant Mangla. The defendant had executed the rent note (Ex. 1) in favour of plaintiff on 20th March, 1959 which contained the terms of the lease.2. The case of the plaintiff is that one...of the terms of the lease was that the tenant would vacate the shop in dispute in case the rent was in arrears.3. The trial court decreed the suit for ejectment or the ground that the...

...Act, 1882, once the tenancy comes to an end by determination of lease under Section 111 of the Transfer of Property Act, the right of the tenant to continue in possession of the premises ...what should be the measure of damages which a successful landlord should get from the tenant for being kept out of the possession and enjoyment of the property. After determination of the tenancy, the...Connaught Circus, New Delhi. The premises are owned by the appellant and held on tenancy by the respondent on a monthly rent of Rs 371.90p per month. The tenancy had commenced sometime in the year 1944...

...after the determination of his lease, and for the recovery from him of compensation for the use and occupation of that building after such determination of lease.”...Causes Court. The only suit cognizable would be a suit by a lessor for eviction of a lessee from the building after the determination of the lease. Therefore, under Article (4), only such suits are...cognizable by the Judge, Small Causes Court where the building is the subject matter of the lease and there is a determination of the lease of the said building. In the instant case, the allegatio...