Section 116State of Jammu-Kashmir Act
Section 116: Effect of holding over
Effect of holding over.
- If a lessee or under-lessee of property remains in possession thereof after the determination of the lease granted to the lessee, and the lessor or his legal representative accepts rent from the lessee or under-lessee, or otherwise assents to his continuing in possession, the lessee is, in the absence of an agreement to the contrary, renewed from year to year, or from month to month, according to the purpose for which the property is leased, as specified in section 106.Illustrations(a)
A lets a house to B for five years. B underlets the house to C at a monthly rent of Rs. 100. The five years expire, but C continues in possession of the house and pays the rent to A. C's lease is renewed from month to month.(b)
A lets a farm to B for the life of C. C dies, but B continues in possession with A's assent. B's lease is renewed from year to year.Previous
Sec 115 — Effect of surrender and forfeiture on under-leases
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Sec 117 — Exemption of leases for agricultural purposes
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