Tenancy Rules, 1955

 

Tenancy
Rules, 1955


Rule
23(4)—Khatians of the petitioner had no connection with some spurious
rent-receipts cancelled by the Additional Deputy Commissioner (Revenue) and
therefore, cancellation of petitioner’s Khaiian by the Revenue Deputy Collector
on the basis of such cancellation of rent-receipts was illegal— Petitioner’s
Khatians if found procured by fraud, Collector is competent to cancel them
under sub-rule (4) of rule 23 of the EB Tenancy Rules, 1955.

Sirajul Huq
Shah Chowdhury Vs Province of East Pakistan, (1969) 21 DLR (Board of Revenue)
28.

 

Tenant -at-
will

Nowhere in
the Transfer of Property Act is a tenant-al-will recognized as a lessee.
Section 105 of the Transfer of Property Act recognizes only a lease for certain
time, express or implied, that is, periodic leases and leases in perpetuity.

Rai Mohan
Chowdhury Vs. Tijendra Lal Roy (1954) 6 DLR 577.

 

A tenant-at-will is not liable to pay any rent—The
designation “tenant-at-will” though gives the impression of a tenant it lacks
the incidence of an ordinary tenancy; for, a tenant-at-will is not liable to
pay any rent and there being no question of demise or lease in his case he is
not liable for mesne profits or damages like a trespasser because his
occupation is permissive but he is liable to pay compensation for such an
occupation.

Rai Mohan
Chowdhwy Vs. Tijendra Lal Roy (1954) 6 DLR 577.

 

A
tenant-at-will is not entitled to any ejectment notice.

The other
incident of the tenancy which is lacking in the case of a tenant-at will is
that a tenant-at- will is not entitled to any ejectment notice as in the case
of other tenants and the landlord may file an ejectment suit straight-way
without serving of ejectment notice on him. If a suit has to be filed against
him Article 139 of the Limitation Act will not apply but Article 144 will apply
and this latter Article also applies to a Suit against a trespasser.

Rai Mohan
Chowdhwy Vs. Tijendra Lal Roy (1954) 6 DLR 577.

 

No
contractual relation between a landlord and a tenant-at-will.

No
contractual relation exists between a landlord and a tenant-at-will, and it
does not create any relationship of landlord and tenant as it is understood
according to die Transfer of Property Ad and is determinable at the will either
of the landlord or of the tenant.

Rai Mohan
Chowdhwy Vs. Tijendra Lal Roy (1954) 6 DLR 577.

 

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