Supreme Court of India · 1961-02-10
GANGA DUTT MURARKA vs KARTIK CHANDRA DAS AND OTHERS.
- Citation / case number
- SC 1957/60168
- Court
- Supreme Court of India
- Petitioner
- GANGA DUTT MURARKA
- Respondent
- KARTIK CHANDRA DAS AND OTHERS.
- Bench
- SHAH, J.C.
Judgment text excerpt
The Supreme Court held that the acceptance of rent by a landlord after the expiration of a contractual tenancy does not create a new tenancy under Section 116 of the Transfer of Property Act, 1882. The Court clarified that the tenant's continued occupation was protected by rent control legislation and not by any new contractual agreement. Therefore, the landlord's acceptance of rent did not imply consent to a new tenancy, and the tenant's occupation was not governed by the provisions of Section 106 of the Act.