Explain the term ‘tenant holding over’ and ‘tenant at sufferance’.

Section 106 of the Transfer of Property Act, 1882 talks about both of these.

Tenant by holding over

After termination of Lease if the Lessee continues to hold possession with the consent of lessor, the Lessee is called a tenant by holding over. Here the Lessee is presumed to hold the property under a Contract. Such possession is deemed to for the same purpose for which the original Lease was granted. A tenant by holding over is a tenant-at-will because it arises by implication of Law.

Tenant-at-sufferance

After termination of Lease, the Lessee has no right to continue possession. Where the Lessee continues possession of the property, after determination of Lease, his possession is illegal. He is called as tenant-at-sufferance. Although possession of property by a person without any legal right is a trespass but a Lessee’s possession after determination of Lease is not trespass. Tenancy at sufferance is therefore a fiction to avoid continuance in possession amounting to trespass. But position of tenant-at-sufferance is no better than that of a trespasser.

Asked in 2015 JCJ Mains in A.P. 2 Marks Question

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