Tuesday 12 July 2016

Farmer in possession of leased property cannot be evicted

The Supreme Court has recently ruled that a farmer that remains in possession of leased property with the consent of the owner after the expiry of the lease period is as a statutory tenant. In such condition, he shall be same as a statutory tenant. Being a statutory tenant, he shall have the protection of section 116 of the transfer of property Act and cannot be evicted even after the expiry of the lease term. The operation of section 116 grants legitimacy to the possession of the tenant even after the expiration or termination of the term of lease period.
Section 116 of the transfer of property Act states that when the lessee or sub lessee continues to pay the rent even after the expiry of the lease term and the lessor or his legal representative accepts it or in other ways gives his consent, the lease shall in the absence of an agreement to the contrary shall be renewed year to year or month to month as the case maybe. Thus, on the expiry of the lease term, if the owner continues to take rent from the tenant or gives consent for the occupation of the leased property, the tenant cannot be evicted.

1 comment:

  1. I have few questions regarding Muslim law, can you give me your email id ?

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