Case Law Analysis
|Bombay High Court
Holding Over Under Non-Agricultural Lease Creates Month-to-Month Tenancy Under Sections 106/116 TPA; 15-Day Notice Suffices : Bombay HC
The Bombay High Court ruled that a lessee holding over after expiry of a non-agricultural lease becomes a month-to-month tenant under Sections 106 and 116 of the Transfer of Property Act, not year-to-year. The original lease's yearly terms do not survive, and the landlord may terminate with only 15 days' notice. This clarifies the statutory distinction between agricultural and non-agricultural holding over tenancies.