Tenant - Law Dictionary Search Results
Home Dictionary Name: tenantTenant
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...
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...
Statutory 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...
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...
Tenant-right
Tenant-right, in England--(1) a custom ensuring to an out-going tenant compensation from his landlord for not being able to reap the full benefit of labour or improvements expended or made during the tenancy; or (2) the money due in pursuance of the custom. There is an implied contract by the landlord to pay this [Faviell v. Gaskoin, (1852) 7 Ex 273], and a custom throwing liability on the incoming tenant is bad [Bradburn v. Foley, (1878) 3 CPD 129] though as a matter of act and for convenience the incoming tenant generally pays the compensation by agreement with the landlord.Also the name given to tenures in ancient demesne in the North of England.See also CUSTOM OF THE COUNTRY and AGRI-CULTURAL HOLDINGS; MARKET GARDEN.In Ireland, also a custom either ensuring a permanence of tenure in the same occupant without liability to any other increase of rent than may be sanctioned by the general sentiment of the community; or entitling a tenant of a farm to receive purchase-money, amounting t...
Tenant by sufferance
Tenant by sufferance, denotes after a lease is terminated if the tenant continues in possession without the consent or acquiescence of the lessor, such a tenant is a 'tenant by sufferance'. He cannot be deemed to be 'holding over' when there is no proof or extension of lease in his favour. A tenant by sufferance is entitled to remain in possession of the demised premises till he is evicted in the course of law, Mogilipuvvu Annapurnaiah v. Malampati Narisimha Rao, AIR 1982 AP 253....
Tenants-in-common with cross remainders in tail
Tenants-in-common with cross remainders in tail. Each of the tenants-in-common takes his or her (now equitable) share in tail. On failure of his or her issue that share falls to the remaining grantees or devisees as tenants-in-common in tail. On failure of issue of any of the remaining grantees or devisees, that share goes to the then remaining tenants-in-common in tail in the same way and so on until only one line of the original grantees or devisees is left. In wills, cross remainders in tail are generally implied if there is a gift to a class as tenants-in-common in tail with a gift over, but not if the grant is by deed....
Cultivating tenant
Cultivating tenant, a person should contribute physical labour to be within the ambit of s. 2(ee) of the said Act, S.N. Sudailaimuthu Chettiar v. Palaniyandaran, AIR 1966 SC 469: (1966) 1 SCR 450. [T.N. Cultivating Tenants Protection Act, 1955 (25 of 1955), s. 2(a)(ee)]In order to fall within the definition of 'cultivating tenant' a person should carry on personal cultivation which again requires that he should contribute physical labour. The use of physical labour includes physical strain, the use of muscles and sinews. Mere supervision of work, or maintaining of accounts or distributing the wages will not be such contribution of physical labour as to attract the definition, L.R Ganapati Thevar v. N. Devasthanam, AIR 1969 SC 764: (1969) 1 SCR 508. [T.N. Cultivating Tenants Protection Act, 1955 (25 of 1955), s. 2(a)(ee)]...
Hypothetical tenant
Hypothetical tenant, a term used in valuations for rating denoting the ideal or imaginary person who would take premises at an average of the rents likely to be paid by all persons who could be regarded as possible tenants, including the owner. 'In my opinion, the rent that the (hypothetical) tenant might reasonably be expected to pay is the rent which, apart from all conditions affecting or limiting its receipt in the hands of the land-lord, would be regarded as a reasonable rent for the tenant who occupied under the conditions which the statue imposes,' per Lord Buckmaster, Poplar Union Assessment Committee v. Roberts, 1922 AC 93....
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