Tenant

Person who is in possession or occupation of premises owned by someone else, although he may not have undertaken to pay rent to the owner thereof, is normally bound to pay rent to him as consideration for being in possession or occupation of that premises

Such person was to be treated as tenant.

Petitioner claimed to be lawful tenant of shop in question and was aggrieved of dispossession order passed by Additional Sessions Judge

Validity

Continuous defiance of Court orders and alleged simultaneous dispossession first on 12-1-2011, second on 11-7-2012 and then on 4-3-2013

Petitioner admitted fact of having possession of shop in question which was taken over by police in pursuance to order of Additional Sessions Judge

Petitioner also claimed to have possession of the shop since 11-7-2012 and it was the date when allegedly owner was dispossessed second time

Petitioner was a necessary party to be impleaded as respondent to second complaint under Illegal Dispossession Act, 2005, as he was admitting possession of shop in question since 11-7-2012, the date of alleged second dispossession

High Court directed the Trial Court to proceed with second complaint of the owner, after arraying petitioner as one of the respondents

Petition was disposed of accordingly.

Contractual tenant is one who undertakes to pay or is bound to pay rent as consideration for possession or occupation of any premises by him or by any other person on his behalf during contractual period of tenancy

Statutory tenant is one who is bound to pay rent by operation of law such as contractual tenant continuing possession or occupation of premises on expiry of agreed period of tenancy or heirs of tenant in possession or occupation of premises after the death of tenant.

Copartner in a joint business, being run on the rented premises was a tenant, notwithstanding that agreement of tenancy was in the name of any one of them; and ejectment petition filed by landlord against co-partners on the strength of such agreement would be competent.

If a tenant would claim possession of the rented premises on the strength of agreement to sell etc., he had to first vacate the premises and hand over its possession to the landlord and thereafter could bring a suit on the strength of his agreement of sale-deed etc. in the competent court of law.

Tenant-at-will-Position and status.

Tenant Effecting improvements without consent of landlord or Rent Controller-Not entitled to be re-imbursed. A tenant effecting improvements in premises without the consent of the landlord or the Rent Controller is not entitled to be re-imbursed for his expenditure.

Statutory-Has no right of assignment of tenancy-Tenant under notice a statutory tenant.