AI Overview...
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Tenancy at Will - A tenancy that exists with the consent of the landlord but without a fixed term or rent agreement. It can be terminated at any time by either party. It is characterized by the absence of a specific duration or formal agreement, and the possession continues by mutual consent. VASUDEVA MENON AND OTHERS vs M/S.K.J.PLANTATIONS - Kerala
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Tenancy on Sufferance - Occurs when a tenant continues in possession after the expiry of the lease without the landlord's consent. It is considered a legal fiction to distinguish such possession from trespass, and it does not grant the tenant any right to continue possession legally. The tenant at sufferance is essentially a trespasser, but the possession is tolerated temporarily until the landlord takes action. Mamata Panigrahy alias Panigrahi VS Hemalata Dalai - Orissa, Sunit Kumar Puzari VS Jadav Ch. Konwar - Gauhati
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Main Differences:
- Consent: Tenancy at will involves mutual consent; tenancy on sufferance does not.
- Legal Status: Tenancy at will is recognized as a lawful tenancy; tenancy on sufferance is akin to a trespass.
- Creation: Tenancy at will can be created by agreement; tenancy on sufferance arises when a lawful tenancy ends, but the tenant remains without landlord's approval.
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Termination: Both can be terminated, but tenancy at will can be ended by either party at any time; tenancy on sufferance ends when the landlord ejects the tenant or takes legal action. Badrilal VS Municipal Corporation Of Indore - Supreme Court, Sanjay Kumar Sahu VS Sri Sri Laxmi Narayan Mahaprabhu Bije - Orissa
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Legal Implications:
- A tenancy on sufferance does not confer any rights to the tenant; it is a fiction to avoid treating the possession as trespass. The landlord can initiate ejectment proceedings. Mamata Panigrahy alias Panigrahi VS Hemalata Dalai - Orissa, SHUSHILA DEVI VS BANSHILAL - Allahabad
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A tenancy at will is recognized as a lawful arrangement that can be terminated with notice, depending on the agreement. VASUDEVA MENON AND OTHERS vs M/S.K.J.PLANTATIONS - Kerala
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Additional Insights:
- The expression tenant at sufferance is a legal fiction used to describe possession that continues after lease termination without landlord's consent. It is distinguished from lawful holding over or tenancy at will based on consent and legal recognition. Mamata Panigrahy alias Panigrahi VS Hemalata Dalai - Orissa, Sunit Kumar Puzari VS Jadav Ch. Konwar - Gauhati
- The distinction is critical in legal proceedings, especially concerning eviction rights and the nature of possession. M. Gangadhara Rao VS Bapurao Naidu, Revenue Divisional Officer, Amalapuram, E. G. District - Andhra Pradesh
Conclusion:
A tenancy at will is a lawful, mutual arrangement with indefinite duration that can be terminated at will, whereas a tenancy on sufferance arises when a tenant remains unlawfully after lease expiry without landlord's consent, effectively making them a trespasser. The key difference lies in consent, legal recognition, and the nature of possession.
Search Results for "Bring out the Distinction between a Tenancy at will and Tenancy on Sufferance"
2012 Supreme(Online)(KER) 37037 • India - High Court of Kerala
K.M.JOSEPH, M.L.JOSEPH FRANCIS, JJ
Ratio Decidendi: The distinction between tenancy by holding over, which requires assent from the landlord, and tenancy at ... regarding tenancy by holding over and at sufferance, concluding that claimants had only juridical possession without a right to ... Issues: Whether the respondents could claim tenancy by holding over or at sufferance despite their lease having expired, thereby ... by sufferance and holding over and whether tenancy#....
1972 0 Supreme(SC) 577 • India - Supreme Court
A.ALAGIRISWAMI, C.A.VAIDIALINGAM, I.D.DUA
The assent of the landlord to the continuance of possession after the determination of the tenancy will create a new tenancy. ... The latter is a tenant at sufferance. ... ... A distinction should be drawn between a tenant continuing in possession ... a new tenancy in law even though many of the terms of the old lease might continue in it, by implication and that to bring a new tenancy into existence, there must be a bilateral act. ... A distinction....
1999 0 Supreme(Del) 431 • India - Delhi
C.K.MAHAJAN
Till 30.11.1988, the tenancy of the petitioner was protected under the Delhi Rent Control Act. ... Once that is established, the right of the landlord to take possession of the premises from the tenant whose status is of one at sufferance ... The court reasoned that the cause of action in a suit for ejectment is the factum or otherwise of the expiry of tenancy either by ... In Mulla s Transfer of Property Act (7th Edn.) at page 633, the position of tenancy at sufferance has been stated thus: A #HL_START....
2017 0 Supreme(Ori) 155 • India - Orissa
DEBABRATA DASH
... The expression of 'tenants at sufferance' is merely a fiction to ... The possession of a 'trespasser' is lawful both in its inception and in its continuance, whereas the possession of a tenant at sufferance ... , the tenancy right devolves on the heirs of the deceased tenant - It is a single tenancy which devolves on the heirs and there is ... 'In Mulla's Transfer of Property Act (7th Edn.) at page 633, the position of tenancy at sufferance has been stated thus; A tenanc....
1998 0 Supreme(AP) 603 • India - Andhra Pradesh
B.S.A.SWAMY
CONTEMPT OF COURTS ACT - -Secs10 to 12 - TRANSFER OF PROPERTY ACT, Secs106, 108, 111 & 116 - ANDHRA PRADESH (AA) TENANCY ACT, 1956 ... - In the instant case as tenant suffered eviction order he cannot be treated as tenant holding over or at least as a tenant of sufferance ... Landlord resisted claim of tenant - Tenant remaining in possession after determination of lease, it shall be treated as tenant as sufferance ... A distinction should be drawn between a tenant continuing in possession after the determination of the ....
2013 0 Supreme(All) 2041 • India - Allahabad
RAJES KUMAR
continues in possession even after determination of tenancy, called a “tenant at sufferance”. ... A) Suit—Against original lessee—Maintainability of—If the suit against the original lessee after determination of his statutory tenancy ... [Paras 32, 37 and 38] ... (B) Tenant—Tenant at sufferance—A tenant who ... In Mulla’s Transfer of Property Act (7th Edn.) at page 633, the position of tenancy at sufferance has been stated thus : A tenancy at sufferance#HL_E....
2015 0 Supreme(Gau) 771 • India - Gauhati
A.K.GOSWAMI
Act is a must and is to prove even if the tenancy is treated as monthly and whether courts below erred in holding that no notice ... accepted –Held, No evidence that appellant was holding over with the consent of lessor and therefore he in reality a tenant at sufferance ... In Mulla's Transfer of Property Act (7th Edn.) at page 633, the position of tenancy at sufferance has been stated thus: A tenancy at sufferance is merely a fiction to avoid continuance in possession operating as a t....
2017 0 Supreme(Ori) 702 • India - Orissa
D.DASH
TRANSFER OF PROPERTY ACT, 1882 - Sec. 106 - Notice to quit means a notice to terminate a tenancy (whether periodical tenancy or a ... tenancy for a term of years certain or monthly) in accordance with the provisions of the Section. ... “In Mulla’s Transfer of Property Act (7th Edn.) at page 633, the position of tenancy at sufferance has been stated thus; A tenancy at sufferance is merely a fiction to avoid continuance in possession operating as a trespass. ... The #HL....
2001 0 Supreme(Ori) 96 • India - Orissa
P.K.MOHANTY, A.S.NAIDU
(A) Statutory tenants where tenancy is governed by any statute as they are protected by Tenancy Laws. ... otherwise carrying on objectionable activity and to enable the police to take action against him — "Property" and "Premises" — Distinction ... A tenant who continues to remain in possession of the premises after expiry of the term and/or after determination of the tenancy, is nomenclatured as “tenant holding over” or as “tenant on sufferance”. ... The sum and substance of the argument advanced for t....
1982 0 Supreme(Mad) 88 • India - Madras
RAMANUJAM
a fixed period -Said period expired-Said building leased out in public auction-Leassor has no right to take possession by force-Distinction ... This distinction has been pointed out in K.K. Verma v. Union of India (AIR 1954 Bom 358). In that case also, there was a tenancy of Government premises which stood terminated by a valid notice to quit. ... Indore Municipality (AIR 1973 SC 508) it has been laid down that the person who is in lawful occupation of the premises does not become trespasser and if he does not become a tenant holding over....
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