Tenancy

Tenancy may not be necessarily through written document and the same can be oral.

Must be proved-Cannot be inferred-Person can (in absence of statutory provision) become tenant with consent of landlord only.

Tenancy -Period of tenancy expiring but tenant continuing in possession-Position of such tenant, not that of a trespasser but that of a "tenant holding over".

Holding over-Non-agricultural land lying within limits of Sylhet Municipality-Governed by Transfer of Property Act, 1882-Person taking lease of land belonging to Wakf estate continuing, after termination of lease period, to be in occupation and possession of land for mire than 33 years without break or interruption-Presumption of holding over of tenancy by him. Auction purchaser of such land acquires, at most, right, title and interest in land but tenancy right of occupant remains unaffected. Transfer of Property Act (IV of 1882), S 116.

S. 117-TenancyPrfnciple of holding over-Applicable to agricultural land as wellAgricultural tenant holding over and paying rent -Possession of such tenant that of tenant by holding over

Tenancy, in circumstances, held, to be of tenancy from year to year.

Holding over-Tenant continuing in possession must prove assent to such continuance or acceptance of rent by landlord.

Tenancy-Interpretation-Ordinary implication of tenancy, in absence of anything to contrary is that rent is payable monthly.