In the context of the Transfer of Property Act, 1882, a “tenant holding over” is
Under section 116 of the Transfer of Property Act, a lessee who remains in possession after the lease ends becomes a tenant holding over only if the lessor accepts rent or…
Choose your answer
In the context of the Transfer of Property Act, 1882, a “tenant holding over” is
Answer and explanation
Correct answer C
Under section 116 of the Transfer of Property Act, a lessee who remains in possession after the lease ends becomes a tenant holding over only if the lessor accepts rent or otherwise assents to his continuing in possession; so a tenant holding over is an "old lessee who despite termination of lease is allowed by lessor to continue possession". A former tenant who simply stays on without the lessor's assent is a tenant at sufferance, not a tenant holding over, and he is not treated as a trespasser.
Practice for these exams
-
All India Bar Examination (AIBE)
Subject revision
See pack details on LawMint.net -
IIT Kharagpur LL.M. Entrance
Subject revision
See pack details on LawMint.net -
Maharashtra Judicial Services
-
CLAT PG
Subject revision for a passage-based exam
-
CUET PG Law (LL.M.)
Subject revision
-
AILET PG
Subject revision
-
Bihar Judicial Services
Subject revision
-
Uttarakhand Judicial Services
Subject revision