Statutory Tenant - Law Dictionary Search Results
Home Dictionary Name: statutory tenantStatutory tenant
Statutory tenant, a person remaining in occupation of premises let to him after the determination of or expiry of the period of the tenancy is commonly, though in law not accurately, called a statutory tenant. Statutory tenant being a person who enjoys the status of irremovability, would enjoy the protection of the statute until he is evicted from the premises under the enabling provisions of the statute. A statutory tenancy would, therefore, come to an end on either the surrender of premises by such a tenant or if a decree of eviction, Biswabani Pvt. Ltd. v. Santosh Kumar Dutta, AIR 1980 SC 226: (1980) 1 SCR 650: (1980) 1 SCC 185.Statutory tenant, a tenant continuing in possession of a rented land or building after its termination of tenancy is 'statutory tenant', AIR 1989 P&H 9(10). [Haryana Urban Control of Rent and Eviction) Act, 1973, s. 4(2)(b)]Statutory tenant, can be described more conveniently as a tenant whose contractual tenancy has been terminated, Ratanlal v. Raniram, 1986...
Tenant
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 resi...
Statutory owner
Statutory owner. Defined by the (English) Settled Land Act, 1925, s. 117 (1) (xxvi.), as the trustees of the settlement or other persons who, during the minority, or at any other time when there is no tenant for life, have the powers of a tenant for life under that Act, but does not include the trustee of the settlement, where, by virtue of an order of the Court or otherwise, the trustees have the power to convey the settled land in the name of the tenant for life. Where land has been devised to an infant, the personal representatives, in other cases, the trustees of the settlement, may be statutory owners: ss. 23 and 26; see also s. 110 (ibid.)....
Statutory tenancy
Statutory tenancy, 'statutory tenancy' is a con-venient expression for referring to a tenant whose tenancy has been terminated and who would be liable to be evicted but for the protecting statute, Damadilal v. Parashram, AIR 1976 SC 2229: (1976) 4 SCC 855: (1976) Supp SCR 645. [M.P. Accomoda-tion Control Act, 1961, s. 2(1) and 14]Statutory tenancy, is a mere status of irremovability. It commences after the contractual tenancy has come to an end in any manner provided by law, Nagar Palika Nigam, Gwalior v. Rajeshwar Dayal, 1996 MPLJ 97....
Tenants' Compensation Act, 1890
Tenants' Compensation Act, 1890 (English) (53 & 54 Vict. c. 57), repealed by and see now the Allotments Act, 1922 (12 & 13 Geo. 5, c. 57), ss. 1 and 4 (2). At Common Law a mortgagor, and therefore any tenant of his becoming such after mortgage with-out concurrence of the mortgagee, is a mere tres-passer, liable to ejectment without notice, and so liable to lose all his growing crops, etc., without compensation from the mortgagee. The Tenants' Compensation Act, to remedy this hardship, provided that where a person occupies land under a contract of tenancy (whenever made) with the mortgagor, which is not binding on the mortgagee, the occupier shall, as against the mortgagee who takes possession, be entitled to such compensation for crops, improvements, or other matters whatever, under the custom of the country, or the Agricultural Holdings Act, as would be due to him but for the mortgagee taking possession; and further gives such occupier a right to six months' notice, before being depri...
Readiness and willingness of the tenant to pay
Readiness and willingness of the tenant to pay, the readiness and the willingness of the tenant to pay could be found only if he had complied with the provisions of the Act. The Act does not cover the case of a person who is unable to pay owing to want of means but is otherwise 'ready and willing.' Such a case in no doubt a hard one, but, unfortunately, it does not enable Courts to make a special law for such hard cases which fall outside the statutory protection, Mistry Premjibhai Vithaldas v. Ganeshbhai Keshavji, AIR 1977 SC 1707 (1711): (1977) 3 SCC 11. [Bombay Rents, Hotel and Lodg-ing House Rates Control Act, (57 of 1947), s. 12(3)(a)]...
Person in occupation of property
Person in occupation of property, the expression 'person in occupation of the property' in s. 269D (2) (a) includes every person including a contractual or a statutory tenant, Rambai Manjunath Nayak v. Union of India, AIR 1993 SC 342 (350): (1994) 1 SCC 742: (1942) Tax LR 50: (1993) 49 DLT 1. [Income-tax Act, 1961, s. 269D(2)(a)]...
Landlord and tenant
Landlord and tenant. A tenancy arises when the owner of an estate inland, called the lessor or landlord, agrees expressly or by implication to allow another person, called the lessee or tenant, to enjoy the exclusive possession and use of the land for a period less than the landlord's estate in it, generally upon payment of rent. The landlord's estate is called the reversion, and at common law, a power of distress for rent is incident to the reversion.Leases or tenancies may be (1) for any agreed period such as for years or less, e.g., for a year, half-year, quarter or week; (2) from year to year; (3) at will; (4) on sufferance; or (5) they may arise upon estoppel; or (6) exist by force of a statute (see LEASE; INCREASE OF RENT). In a narrower sense the words 'tenancy' and 'landlord and tenant' are generally restricted to lease of a house or land for occupational purposes. If nothing appears to the contrary, either expressly or by implication, in the lease or agreement, the landlord is...
Tail after possibility of issue extinct, Tenant in
Tail after possibility of issue extinct, Tenant in. This estate arises out of a special entail as to the parentage of the issue, when the express condition has become impossible by reason of death. Thus, if an estate be granted to husband and wife, and their issue, male or female, if either of them die without issue, the survivor is tenant-in-tail after possibility of issue extinct; and even if there have been issue, yet if the issue die without issue, then the surviving parent is also such a tenant; and also if an estate be entailed upon a man and his issue from a particular wife, if she die without issue, the interest of the husband becomes reduced to a tenancy-in-tail after possibility of issue extinct. Only a donee in tail-special can become such a tenant, for if the entail be general, such a tenancy can never arise; for whilst he lives he may have issue, the law not admitting the impossibility of having children at any age. As an estate-tail is originally carved out of a fee-simpl...
Landlord and Tenant Act, 1927
Landlord and Tenant Act, 1927 (English) (17 & 18 Geo. 5, c. 36), provides; for the payment of compensation for improvements and goodwill to tenants of premises used for business purposes or the grant of a new lease in lieu thereof, and in other respects amends the law of landlord and tenant. Ss. 1 to 3 deal with the conditions under which a tenant may claim compensation for improvements. S. 4, with conditions under which a tenant on leaving may claim compensation for goodwill attached to the premises by reason where of they could be let at a higher rent. Sect. 5 provides for the granting of a new lease when the sum which could be awarded under s. 4 would not compensate the tenant for his loss of goodwill. Other provisions of the Act ameliorate the position of the tenant with regard to breaches of repairing covenants and also with regard to covenants against assignment, covenants against improvements without consent and covenants against alteration of user without consent. See also LAND...
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