Tenant - Definition - Law Dictionary Home Dictionary Definition tenant

Definition :

Tenant, embraces in itself, the heirs of the deceased called 'statutory tenants' as even after the determination of the tenancy continued to have an estate on the tenanted premises, which are heritable, Kasturi Lal v. Brimlal, 1986 Sim LJ 86.

Tenant, includes a sub-tenant and self-cultivating lessee, but shall not include a present holder, Punjab Tenancy Act, 1887, ss. 5, 6, 7, 8; Punjab Settlement Manual, 1899, pp. 142.

Tenant, is a word which standing by itself denotes in law 'one who holds lands by any kind of title whether for years or for life or in fee' and does not necessarily mean a lessee unless it is used in opposition to landlord, Ekambara Ayyar v. Meenatchi Ammal, 1904 ILR 27 Mad 401.

Means a agriculturist who cultivates personally the land he holds on lease from the landlord and includes a person who is deemed to be a tenant, Racha Naika v. State of Karnataka, 1992 (3) Kant LJ 616.

Means a person by whom its rent is payable, and on the tenant's death--(1) in the case of a residential building, such only of his heirs as normally resided with him in the building at the time of his death; (2) in the case of a non-residential building, his heirs. [U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, s. 3(a)]

Means a person who holds land under another person, and is, or but for a special contract, would be liable to pay rent for that land to that other person, Baba Badri Dass v. Dharma, AIR 1982 P&H 255.

Means one who holds or possess lands or tenements by any kind of right or title, Black's Law Dictionary, 7th Edn., p. 1478.

Tenant, one that holds land of any one inclusive of the sovereign; it is therefore applicable to every subject holding land in this country; but the word is always used relatively, and as the relation to the sovereign is seldom called in question, it more commonly signifies one who holds of another subject, as (formerly) of the lord of a manor, or of a landlord: the owner is seldom characterized as tenant except where it is necessary to particularize the quantity of his estate. The term is frequently used to denote a lessee.

1. One who holds or possesses lands or tenements by any kind of right of title 2. One who pays rent for temporary use and occupation of another's land under a lease or similar arrangement, Black's Law Dictionary, 7th Edn.

Tenant means tenant of land liable to pay rent on it--' The word tenant in s. 3 must be understood only in the sense that that word is defined in the Act, R.V. Naidu v. Narasram Naraindas, AIR 1966 SC 361: (1966) 1 SCR 110.

The word 'tenant' is defined in s. 2(h) of the Act to include any person continuing in possession after the termination of his tenancy but shall not include any person against whom any decree or order for eviction had been made by a court of competent jurisdiction, A.C. Estates v. Serajuddin and Co., AIR 1966 SC 935 (938): (1966) 1 SCR 235. [W.B. Premises Tenancy Act, 1956, s. 2(h)]

Definition of the term 'landlord' as well as the term 'tenant' shows that the Act applies to contractual tenancies as well as cases of 'statutory tenants' and their landlords, Raval and Co. v. K.G. Ramachandran, AIR 1974 SC 818: (1974) 1 SCC 424: (1974) 2 SCR 629.

A tenant continuing in possession of the land even after its determination by one method or the other does not abruptly become a trespasser. If a beneficial legislation gives him protection against eviction he can claim protection in spite of the determination of the tenancy, Diwan Ram Rao v. Mohan Lal, AIR 1980 SC 449 (452): (1980) Supp SCC 379.

Tenant includes ex-tenant against whom eviction decree has been passed so long as he continues in possession, Mani Subrat Jain v. Raja Ram Vohra, AIR 1980 SC 299: (1980) 1 SCC 1: (1980) 2 SCR 141.

Any person remaining, after the determination of the lease, in possession, with or without the assent of the landlord is also a tenant for the purposes of the Act, Tavangowda Tamangowda Patil v. Yellappa Krishna Muchandni, AIR 1980 SC 590: (1980) 3 SCC 105.

The definition of expression 'tenant' in the Act excludes from its operation a person in possession against whom any order or decree for eviction has been made, Hasmat Rai v. Raghunath Prasad, AIR 1981 SC 1711 (1716): (1981) 3 SCC 103: (1981) 3 SCR 605.

If the Rent Act in question defines a tenant in substance to mean 'a tenant who continues to remain in possession even after the termination of the contractual tenancy till a decree for eviction against him is passed', the tenant even after the determination of the tenancy continues to have an estate or interest in the tenanted premises and the tenancy rights both in respect of residential premises and commercial premises are heritable. The heirs of the deceased tenant in the absence of any provision in the Rent Act to the contrary will step into the position of the deceased tenant and all the rights and obligations of the deceased tenant including the protection afforded to the deceased tenant under the Act will devolve on the heirs of the deceased tenant, Gian Devi Anand v. Jeevan Kumar, AIR 1985 SC 796: (1985) 2 SCC 683: (1985) Supp 1 SCR 1.

Means any person by whom or on whose account or behalf the rent of any premises is or, but for a special contract, would be payable, and includes, (i) a subtenant, (ii) any person continuing in possession after the termination of his tenancy, but does not include--(i) any person against whom an order or decree for eviction has been made, except where such decree or order for eviction is liable to be reopened under the proviso to s. 3 of the Delhi Rent Control (Amendment) Act, 1976 (18 of 1976); (ii) any person to whom a licence as defined in s. 52 of the Indian Easements Act, 1882 (5 of 1882) has been granted. [Delhi Rent Act, 1995 (33 of 1995), s. 2(n)]