Section 116 The Transfer of Property Act, 1882

  Section 116 The Transfer of Property Act, 1882: 


Effect of holding over.—If a lessee or under-lessee of property remains in possession thereof after the determination of the lease granted to the lessee, and the lessor or his legal representative accepts rent from the lessee or under-lessee, or otherwise assents to his continuing in possession, the lease is, in the absence of an agreement to the contrary, renewed from year to year, or from month to month, according to the purpose for which the property is leased, as specified in section 106. Illustrations

(a) A lets a house to B for five years. B underlets the house to C at a monthly rent of Rs. 100. The five years expire, but C continues in possession of the house and pays the rent to A. C’s lease is renewed from month to month.

(b) A lets a farm to B for the life of C. C dies, but B continues in possession with A’s assent. B’s lease is renewed from year to year. COMMENTS Tenant at sufferance A person who is a tenant at sufferance has no estate or interest in the leasehold property. A tenant holding after the expiry of his term is a tenant at sufferance, which is a term useful to distinguish a possession rightful in its inception but wrongful in its continuance from a trespass which is wrongful both in its inception and in its continuance. A co-owner can maintain a suit by himself in ejectment of a trespasser or a tenant at sufferance; B. Valsala v. Sundram Nadar Bhaskaran, AIR 1994 Ker 164.



Supreme Court of India Important Judgments And Leading Case Law Related to Section 116 The Transfer of Property Act, 1882: 

Bhawanji Lakhamhi & Ors vs Himatlal Jamnadas Dani & Ors on 14 December, 1971

C. Albert Morris vs K. Chandrasekaran & Ors on 26 October, 2005

State Of U.P vs Zahoor Ahmad & Anr on 8 August, 1973

Krishna Mohan Pvt. Ltd vs Municipal Corporation Of Delhi on 28 July, 2003

Bhuneshwar Prasad & Anr vs United Commercial Bank & Ors on 25 August, 2000

Shanti Prasad Devi And Another vs Hankar Mahtoand Others on 11 July, 2005

Karnani Industrial Bank, Limited vs The Province Of Bengal And Others on 14 May, 1951

Nand Ram(D) Th. Lrs. . vs Jagdish Prasad(D)Th.Lrs on 19 March, 2020

Ganga Dutt Murarka vs Kartik Chandra Das And Others on 10 February, 1961

Ram Kumar Das vs Jagadish Chandra Deb Dhabal  on 26 November, 1951




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