Lawgist116Effect of holding over
If a lessee or under-lessee of property remains in possession thereof after the determination of the lease granted to the lessee, and the lessor or his legal representative accepts rent from the lessee or under-lessee, or otherwise assents to his continuing in possession, the lease is, in the absence of an agreement to the contrary, renewed from year to year, or from month to month, according to the purpose for which the property is leased, as specified in section 106.
Illustrations
(a) A lets a house to B for five years. B underlets the house to C at a monthly rent of Rs. 100. The five years expire, but C continues in possession of the house and pays the rent to A. C's lease is renewed from month to month.
(b) A lets a farm to B for the life of C. C dies, but B continues in possession with A's assent. B's lease is renewed from year to year.
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- 105 Lease defined
- 106 Duration of certain leases in absence of written contract or local usage
- 107 leases how made
- 108 Rights and liabilities of lessor and lessee
- 109 Rights of lessor‟s transferee
- 110 Exclusion of day on which term commences
- 111 Determination of lease
- 112 Waiver of forfeiture
- 113 Waiver of notice to quit
- 114 Relief against forfeiture for non-payment of rent
- 114A Relief against forfeiture in certain other cases
- 115 Effect of surrender and forfeiture on under-leases
- 116 Effect of holding over
- 117 Exemption of leases for agricultural purposes
