BHAWANJI LAKHAMHI & ORS. vs HIMATLAL JAMNADAS DANI & ORS.

The Supreme Court held that under Section 116 of the Transfer of Property Act, a tenant cannot be considered to be 'holding over' unless both parties have the necessary intention to create a new tenancy. The Court clarified that mere acceptance of rent by the landlord after the lease has expired does not automatically imply a new lease unless there is mutual consent. The Court upheld the lower courts' decisions that the appellants were not holding over and thus were not entitled to the protections of a new tenancy under the Act.