Law: Civil Procedure Code (V of 1908)

Section: 100

Law: Transfer of Property Act (IV of 1882)

Section: 117

(a) Civil Procedure Code (V of 1908), S. 100-Second appeal Finding off act-Findings of both lower Courts as to genuineness of entries in tenant's ledger - Findings of fact - Cannot be disturbed in second appeal. (b) Civil Procedure Code (V of 1908), S. 100-Second appeal Question as to nature of tenancy-Mixed question of law and fact-Can be gone into by High Court in second appeal. (c) Transfer of Property Act (IV of 1882), S. 117-Tenancy Prfnciple of holding over-Applicable to agricultural land as well Agricultural tenant holding over and paying rent -Possession of such tenant that of tenant by holding over--Tenancy, in circumstances, held, to be of tenancy from year to year. It is now well settled that when an agricultural tenant holds over and pays rent his possession, too, is that of a tenant by hold ing over, the tenancy in such a case being from year to year. It is true that section 117 of the Transfer of Property Act provide; that the provision of section 116 of the Act will not be applicable to the agricultural tenancies. The principle of holding over in respect of agricultural land, seems to be founded on the general principle laid down in Woolfall's on Landlord and Tenant (Special Edition for India) 1954, p. 294. Rai Sahib Pandit Chanderika v. Central India Railway Co. 39 C W N 552 (P C); Administrator-General v. Asraf Ali I L R 28 Cal. 227; Chandra Nath v. Sk. Inamdi 34 C L J 369; Krishrri Lal v. Administrator-General 2 C W N 303; Ali Mamud Pramanick v. Bhagabati Debya 2 C W N 525; Safar Ali v. Abdul Majid 31 C W N 282 and Woolfall's on Landlord and Tenant (Special Edition for India) 1954, p. 294 rel. (d) Landlord and tenant -Tenant holding over from year to year-Can create a lease in respect of such holding. There is nothing in law to prevent a tenant holding over from year to year from creating a lease in respect of such a holding. Whatever may be the terms of such a lease, it will. take effect only as a lease from year to year. Woodfall's Text Special Edition for India, 1954, p. 298 rel. (e) East Bengal State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), S 3(2)-Tenant from year to year on date of acquisition of rent-receiving…