Law: The Transfer of Property Act (IV of 1882)

Section: 116

Law: City of Karachi Municipal Act (XVII of 1933)

Section: 255

  (a) Transfer of Property Act (IV of 1882),   S. 116-Tenant holding over-Express or implied assent of landlord necessary . Such assent to be pleaded where party relies on allegation of holding over--Plaint may be rejected where assent not pleaded -----Tenant cannot be said to be holding over if terms of lease are changed.   In order that a person be a tenant holding over, it is necessary in accordance with section 116 of the Transfer of Property Act that there should be an express or implied consent of the landlord to his continuing as a lessee on the same terms.   A tenant under the Government claimed to be holding over, but the beneficial interest in the land leased had in the meantime been transferred by the Government to the Municipal Corporation.   Held, that the tenant could not possibly be said to be holding over if the assent of the Municipal Corporation was lacking.   A plaint can be rejected on the simple ground that there is no allegation in it of the landlord ever having consented to the tenants continuing in possession after the expiry of the period of lease.   In order that a tenant may be said to be holding over he must continue on the same terms on which he held under the expired lease.   (b) City of Karachi Municipal Act (XVII of 1933)   S. 255----- Does not apply to suits for declaration of title or contesting a notice given by Municipal Corporation determining a lease.   Section 255, City of Karachi Municipal Act (XVII of 1933) has no application to suits for declaration of a title to land and is not intended to reduce the period of limitation provided by the Limitation Act in respect of such suits. This section will apply only to a case where there is some act being done in pursuance of the Municipal Act or where there is a neglect or default in the execution of the Act. When the Municipal Corporation gives notice of the determination of a lease, it is not acting in pursuance of a special power granted by the Karachi Municipal Act ; it is acting in its capacity as a juristic person having interest in a particular land. There is a distinction between the acts of a Municipal Corporation which…