Tenancy and Tenancy at sufferance - Indian Laws - General

Tenancy and Tenancy at sufferance As per Black s Law Dictionary (9th Edn.). Tenancy. 1. The possession or occupancy of land under a lease; a leasehold interest in real estate. 2. The period of such possession or occupancy. See ESTATE (1). [Cases: Landlord and Tenant-20] 3. The possession of real or personal property by right or title, esp. under a conveying instrument such as a deed or will. Tenancy at sufferance. A tenancy arising when a person who has been in lawful possession of property wrongfully remains as a holdover after his or her interest has expired. A tenancy at sufferance takes the form of either a tenancy at will or a periodic tenancy.- Also termed holdover tenancy; estate at sufferance. See HOLDING OVER (1). [Cases: Landlord and Tenant-117, 119.] A tenancy at sufferance arises where a tenant, having entered upon land under a valid tenancy, holds over without the landlord s assent or dissent. Such a tenant differs from a trespasser in that his original entry was lawful, and from a tenant at will in that his tenancy exists without the landlord s assent. No rent, as such, is payable, but the tenant is liable to pay compensation for his use and occupation of the land. The tenancy may be determined [i.e., terminated] at any time, and may be converted into a yearly or other periodic tenancy in the usual way, e.g., if rent is paid and accepted with reference to a year in circumstances where the parties intended there to be a tenancy. Robert E. Megarry M.P. Thompson, A Manual of the Law of Real Property 319 (6th ed. 1993). UNION OF INDIA (UOI) VS NARESHKUMAR BADRIKUMAR JAGAD AND ORS.- 2018 (11) TMI 1855 - SUPREME COURT