Topic
Statutory tenancy in India refers to a tenant's legal right to remain in premises after the original lease expires, protected under state rent control or tenancy laws such as the Maharashtra Rent Control Act or West Bengal Premises Tenancy Act.
Bombay HC rules that mesne profits under the Maharashtra Rent Control Act accrue from the date of eviction decree, not the filing of the suit. The judgment clarifies statutory tenancy rights and ensures landlords cannot claim damages retroactively, impacting eviction litigation strategy for property disputes.
MP High Court rules that continuous possession and rent payment after lease expiry confer statutory tenancy rights, making demolition without alternative accommodation a violation of natural justice. The judgment reinforces protections for tenants against arbitrary eviction, mandating due process even post-lease termination.
Calcutta High Court clarifies that statutory tenancy under Section 2(g) of the West Bengal Premises Tenancy Act, 1997 terminates five years after the original tenant's death, entitling landlords to summary eviction without trial. The ruling reinforces that admissions in pleadings can bypass prolonged litigation, impacting inheritance-based tenancy disputes in West Bengal.
The Bombay High Court ruled that a tenant’s deemed purchase under Section 32 of the Maharashtra Tenancy Act, fixed on the statutory 'tiller’s day' of 1 April 1957, remains valid and cannot be nullified by later property transfers or invalidation of Section 88C certificates. This decision reinforces the irrevocable nature of statutory tenancy rights once vested, impacting landowners, tenants, and revenue authorities in Maharashtra.
Bombay High Court holds that statutory tenancy under Maharashtra Tenancy Act can only be extinguished through Section 15 surrender; mere oral statement in Section 32G proceedings does not terminate rights.