Property lawLeaseSupreme Court of India

Ganga Dutt Murarka v Kartik Chandra Das

AIR 1961 SC 1067; (1961) 3 SCR 81319611 min read
The case in brief30-second read
Facts
The appellant held Calcutta premises on a contractual tenancy that ended by efflux of time. He stayed on under the protection of the Calcutta rent laws, ending with the West Bengal Premises Rent Control Act, 1950. The landlords accepted rent from him.
Issue
Does accepting rent from a tenant protected by rent control law, after the contract ends, create a new tenancy under S.116 TPA?
Held
No. Where a tenancy under rent control law has ended, acceptance of rent does not show assent to a new contractual tenancy.
Principle
Acceptance of rent from a statutory tenant after the contractual tenancy ends does not create a new tenancy by holding over under S.116 TPA; his occupation rests on the rent statute, not on contract, and needs no S.106 notice to end.
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Facts

  • The appellant held Calcutta premises on a contractual tenancy that ended by efflux of time.
  • He stayed on under the protection of the Calcutta rent laws, ending with the West Bengal Premises Rent Control Act, 1950. The landlords accepted rent from him.
  • The landlords sued to evict him. He argued that the acceptance of rent made him a tenant holding over, whose tenancy needed a S.106 notice to end.

Issue

  1. Does accepting rent from a tenant protected by rent control law, after the contract ends, create a new tenancy under S.116 TPA?

Held

  • No. Where a tenancy under rent control law has ended, acceptance of rent does not show assent to a new contractual tenancy.
  • Calling him a "monthly tenant" in a notice did not show an intention to create a new contract.
  • His occupation rested on the statute, not on any contract, so no notice under S.106 was needed. The appeal was dismissed.

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Citation

Ganga Dutt Murarka v Kartik Chandra Das AIR 1961 SC 1067; (1961) 3 SCR 813

Reported: Indian Kanoon doc 243457; (1961) 3 SCR 813. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.