Section 116: Effect of holding over

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3 questions in 15 of our papers cite Section 116. Try these from the free papers:

1. 1. A tenant's contractual tenancy of premises governed by rent control legislation was determined, but he continued in occupation under the protection of that statute, and the landlord accepted from him monthly sums equal to the rent. In Ganga Dutt Murarka v. Kartik Chandra Das (1961), the Supreme Court held that such acceptance:

   A.makes the occupant a tenant at will, whose possession ends without noticeB.does not by itself show assent to a new tenancy under Section 116C.revives the original lease for its full term and on the same conditionsD.creates a tenancy from month to month by holding over under Section 116
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2. 2. Under Section 116 of the Transfer of Property Act, 1882, if a lessee remains in possession after the determination of the lease and the lessor accepts rent from him or otherwise assents to his continuing in possession, the lease is, in the absence of an agreement to the contrary:

   A.renewed from month to month in every case, whatever the purpose for which it was letB.renewed from year to year or month to month, according to its purpose under Section 106C.converted into a tenancy at sufferance, which is terminable without giving any noticeD.renewed for the same term and on the same conditions as those contained in the original lease
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